How To Choose the Right Legal Representation After a Data Breach
If you have received notice of a data breach, you may be at risk of identity theft, bank or credit card fraud, or personal harassment. Cybercriminals can cause severe damage once they access your personal or financial information. Take action quickly because the sooner you fight back, the better your chances of recovering damages.
The first step you should take is to consult an expert attorney to go after liable parties and seek compensation on your behalf.
How To Choose the Right Attorney for Your Data Breach Case
What To Expect When Filing a Data Breach Lawsuit
When your personal data has been compromised in a data breach, you should act quickly to hire a skilled attorney to protect your rights. Prioritize these key considerations if you are searching for top-notch legal representation:
- Experience in data breach cases: Search for attorneys specializing in data breach, identity theft, or consumer protection law. These legal professionals have the expertise to navigate complex data breach cases.
- Proven track record with class actions or individual claims: You may want to join or start a class action lawsuit if the breach affected multiple people. An attorney with class action experience can improve your chances of a favorable outcome.
- Understanding of cybersecurity and privacy laws: You need an attorney well-versed in data privacy laws and the cybercrime landscape, including common types of data breaches and their consequences.
- Ability to prove negligence or corporate liability: A trusted attorney will work tirelessly to prove liability and hold the company accountable for failing to protect your data and putting your personal or financial well-being at risk.
- Contingency fees versus hourly rates: Pick an attorney with a payment structure that works for you. Many data breach lawyers work on a contingency fee basis, meaning they only get paid if you win. Others charge hourly rates regardless of the outcome.
- Resources to handle large corporations: If you are up against a major corporation, be sure your attorney has the resources to fight on your behalf. A seasoned attorney should have the resources to take on large legal teams and aggressively negotiate for fair settlements.
- Client reviews and testimonials: Look for detailed client reviews that discuss the lawyer’s communication skills. If possible, find out about past settlements, their success in securing compensation, and what past clients have to say about working with them.
- Communication and availability: The right lawyer will be able and willing to explain the lawsuit process in a way that makes sense. They should be transparent, responsive, and empathetic towards your situation.
We proudly refer victims needing legal help to our partner, Kopelowitz Ostrow, P.A., a nationwide leader in class action representation. Managing partner Jeff Ostrow has recovered over $1 billion in class action damages, offering large-firm expertise with the personalized attention of a small practice.
To file a data breach lawsuit, meet with an attorney. Many attorneys offer free consultations, during which you can discuss the breach and learn whether you have a case for compensation. A skilled attorney will describe the process of filing a lawsuit and give you the chance to ask about their background. Here’s what to expect when filing a data breach lawsuit:
Preparing Your Case and Filing a Claim
Your attorney will investigate the data breach, collecting as much documentation and evidence as possible to determine who is liable. If the breach affected you alone or uniquely impacted you, that claim would most likely be an individual lawsuit. If multiple others suffered similar harm, your lawyer may advise you to file or join a class action lawsuit.
Settlement or Trial
In most civil matters, including data breach lawsuits, your attorney will begin by approaching the other party to negotiate a fair settlement. If there’s no agreement on a fair amount, you may want your attorney to take the case to trial.
A well-trained attorney will present a strong case in a court on your behalf, and a judge or jury will determine what compensation, if any, you receive.
How Long Does a Data Breach Lawsuit Typically Take?
The time frame of any lawsuit depends on the case’s complexity and whether it settles or goes to court. An individual lawsuit that settles out of court may be resolved relatively quickly. A case that requires a full trial will likely take longer but may help you secure a larger settlement, depending on the circumstances.
Due to their larger size and scope, class action lawsuits typically take longer. Most take two to three years, though some resolve much sooner.
What Kind of Compensation Can You Expect From a Successful Lawsuit?
A successful data breach lawsuit can compensate you for your damages. Common damages in a data breach lawsuit include financial losses, including money you lost or had to spend because of the breach, credit damage, emotional distress, identity theft protection costs, and legal fees.
Notable Data Breach Settlements Example
One of the most well-publicized data breach lawsuits involved the credit bureau Equifax. The breach exposed the records of more than 147 million people, and the resulting settlement included up to $425 million in consumer compensation. Affected individuals also received access to free identity restoration services through the year 2029.
Joining a Class Action vs. Filing an Individual Lawsuit
Joining a class action lawsuit may enable you to recover compensation for your data breach. Class members who join an existing lawsuit typically have minimal involvement besides providing eligibility documentation. If the class wins, each member receives a portion of the award.
Unlike in a class action lawsuit that includes multiple individuals, you may find that your unique complaints may be better addressed in an individual lawsuit.
Average Class Action Lawsuit Payouts
The payout per person in a class action lawsuit depends on multiple factors, including the extent of the class’s losses. Lead plaintiffs and individuals who experienced more substantial losses may be eligible for higher compensation, but the distribution of settlement funds can vary depending on the case.
Rather than trying to estimate your average payout, it’s best to speak with a knowledgeable attorney who can evaluate your specific circumstances.
Can I Still Get Compensation if I Don't Join a Class Action Lawsuit?
If you miss a class action lawsuit, you may still be able to get compensation for your damages by contacting the class attorney or claims administrator. You may also decide to file an individual lawsuit. If you do, consult an experienced attorney because some settlements include rules preventing others from suing for the same offense.
Legal Options for Data Breach Victims
If you received a letter in the last 30 days saying your data was compromised, don’t wait—Class Action U is here to help. We aim to hold corporations accountable by connecting data breach victims with experienced lawyers. There’s no cost to speak with our legal partners and no obligation to move forward after speaking with someone from our team.
We help consumers hold corporations accountable for their actions. If you need help choosing the right lawyer for your data breach case, we’re here to point you in the right direction. Contact us today to explore your options.
"*" indicates required fields
