How Much Can I Claim for a Data Breach?

October 20, 2025 | Sagi Shaked | Personal Injury

If your personal data was exposed in a breach, you may be wondering how much you can claim. The answer depends on what was leaked and how it affected you.

Data breaches can lead to identity theft, financial loss, emotional stress, and more. If the breach happened because a company failed to protect your information, you may be able to file a claim and get compensation.

What Is a Data Breach?

A data breach happens when someone gains access to private, protected, or sensitive information without permission.

This might include:

Social Security numbers
Credit card details
Bank account numbers
Medical records
Login credentials
Personal photos or videos

These leaks can happen after a cyberattack, accidental exposure, or employee negligence. Once your data is out there, it can be used for fraud, scams, or blackmail.

Can I File a Claim After a Data Breach?

Yes, you can file a claim if the company failed to keep your data safe and you suffered harm.

To have a valid case, you usually need to show:

The company had a duty to protect your data.
They failed to do so (by being careless, for example).
That failure led to a breach.
You experienced financial or personal losses as a result.

If a company didn’t update its security systems or ignored warnings about weak protections, you may have a strong claim.

What Kind of Compensation Can I Get?

Compensation for data breaches can include a mix of economic and non-economic damages. These depend on the details of your case and how the breach affected you.

You might be able to claim:

Out-of-pocket costs: money you spent to protect your identity or fix problems
Lost wages: if you missed work while dealing with the breach
Fraud losses: if someone used your info to steal money
Credit damage: if your credit score dropped
Emotional distress: stress, fear, or anxiety caused by the breach
Loss of privacy: if sensitive or personal data was exposed

Class action lawsuits may also provide statutory damages, or a set amount of money per person, even without proof of individual harm. These vary depending on the law used.

What Affects the Value of My Claim?

Not all data breach cases are worth the same.

Some factors that affect how much you can claim include:

Type of data exposed
How the breach happened
How quickly the company responded
How long the data was exposed
Whether your identity was stolen
The strength of your evidence

The more evidence you have of damage, the stronger your case.

What Laws Protect My Data?

Several laws may apply in a data breach claim:

State privacy laws, like the California Consumer Privacy Act (CCPA)
Federal laws, such as HIPAA (for health info) or the Fair Credit Reporting Act (FCRA)
Industry rules, like PCI standards for credit card data

The legal basis for your claim depends on what kind of data was leaked and where the breach occurred.

What Should I Do After a Data Breach?

If your data was exposed, take steps to limit the damage:

Monitor your accounts for unusual activity
Change passwords and enable two-factor authentication
Freeze your credit to stop new accounts from being opened
Report fraud to your bank or credit card company
File an identity theft report with the FTC
Save all records of communication, charges, and time spent dealing with the breach

These steps will help you stay protected and support your case if you file a claim.

Contact Our Miami Personal Injury Lawyers at Shaked Law Personal Injury Lawyers for a Free Consultation

There’s no set amount you’ll get from a data breach claim. Some cases settle for a few hundred dollars. Others, like those involving major fraud or emotional harm, can reach thousands. In class actions, victims often receive a share of a larger settlement fund.

The key is proving how the breach harmed you. The more serious the impact, the more you may be able to recover. A Miami personal injury lawyer can help you understand what your case is worth and what steps to take next. Call Shaked Law Personal Injury Lawyers to set up a free consultation.

Shaked Law Personal Injury Lawyers
20900 NE 30th Ave Suite 715 Aventura, FL 33180
(305) 937-0191
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