What Evidence Do I Need for a Data Breach Lawsuit?
Unfortunately, data breaches are on the rise at banks, credit agencies, and other companies handling sensitive information. After hackers or other criminals leak personal data, individuals and businesses can suffer financial loss and identity theft.
If a data breach has impacted you, you have options. A reliable data breach lawyer, such as the experienced attorneys at Class Action U, can help you determine whether a class action is best for you after a data breach.
You need some key evidence to prove a data breach claim. Gathering the appropriate evidence before speaking with an attorney can help them better analyze your case and determine if you have a viable claim.
Key Evidence You Need To Prove a Data Breach Claim
You must provide evidence of your harm to succeed in a data breach case. No matter the type of data breach you suffered, the proof you need for a lawsuit is roughly the same. The more evidence you can collect, the stronger your case.
Proof of the Data Breach
Proof that the data breach occurred is essential to proving your claim. If you can’t prove the breach happened, you’ll have difficulty proving it affected you.
Evidence proving a data breach might include the following:
- Notifications from the company responsible, such as letters, emails, or public disclosures
- Government or regulatory findings, such as reports from the Federal Trade Commission or the state attorney general
- News reports from third-party sources covering the breach
Evidence of Your Compromised Personal Information
Besides proving the breach’s existence, you must demonstrate that it impacted your personal data. The following are among the most commonly compromised personal information:
- Your Social Security number
- Government identification, such as your driver’s license or passport
- Insurance information
- Bank account information or credit card details
Generally, screenshots are the easiest way to provide evidence of this stolen information. Any evidence you collect should be saved somewhere for easy access when filing your claim.
Proof of Financial or Emotional Harm
All lawsuits require proof that the defendant’s conduct somehow harmed the plaintiff. Thus, to succeed in a data breach claim, you need to establish you suffered financial or emotional losses from the breach. Evidence of these losses includes:
- Bank statements showing fraudulent transactions
- Credit reports indicating unauthorized accounts
- Identity theft or police reports
- Documentation of emotional distress, such as medical records, therapists’ notes, and personal statements
The types of harm you allege will determine the damages you may be eligible to receive. An attorney can help you gather evidence supporting your claims to pursue all the compensation you are entitled to for your injuries.
Communications With the Company Responsible
Communications with the company targeted by the breach can provide valuable evidence. Such documentation can indicate that the breach occurred, the company knew about it, and the company acknowledges you were personally affected. Communication with the breached company can include the following:
- Correspondence with the breached entity regarding security concerns
- Customer service responses or denial of assistance
- Records of filed complaints with the company
Witness Statements
Witness statements are another important form of data breach evidence. Family, friends, or colleagues can provide firsthand accounts of how the data breach affected you. Aspects of a data breach that witnesses can testify about include the breach’s impact on:
- Your daily life and ability to function
- Your finances, including new debt or significant financial loss
- Your emotional well-being
How To Organize Your Evidence
Once you’ve collected evidence of a data breach’s impact on you, organize it so it’s understandable and complete. Incomplete or disorganized evidence, such as randomly named screenshots, makes presenting a complete claim to an attorney harder.
Proof of data breaches is largely digital. It’s important to store screenshots, screen recordings, emails, and similar records in a specific digital folder to avoid losing them. Always name and date your documents so you know what they are and can search for them quickly. A screenshot titled “SSN breach proof – 11-03-2024” is significantly easier to find than a screenshot titled “Screenshot 2024-11-03 at 3.06.07 PM.” An intuitive file-naming system saves time for both you and your attorney.
It’s also helpful to organize evidence into a single or multiple documents. For example, having a PDF containing every screenshot or email related to a Social Security number breach or all the customer service exchanges you had with the responsible company is more efficient than scattered documentation in different formats. The goal is always to make your evidence as easy to access and read as possible.
Legal Options After Gathering Evidence
After you have gathered evidence of the data breach, there are generally two legal options. You can file an individual lawsuit or join a class action.
Class Action Lawsuits
While every case is different, joining a class action suit is often the best option for data breach victims. Joining a class action lawsuit offers several benefits. For instance, there is strength in numbers. Thus, joining forces with others harmed by a data breach can help build a more powerful case. In addition, all the plaintiffs can share the legal costs, easing your financial burden. They also tend to result in large settlements or verdicts, which can provide meaningful compensation for your losses.
Data breaches commonly impact many people using the affected company’s services. Since all victims of a data breach are similarly harmed by the same event, data breach cases are generally ripe for a class action.
If you’re interested in pursuing a class action, talk to an attorney about how to join an existing class action. In opt-out class actions, you may already be a class member because you haven’t opted out.
If no class action suit for your data breach exists, you can work with an attorney to start one. A class action lawyer will walk you through the process of initiating a class action and support you every step of the way.
Individual Lawsuits
Alternatively, you can file an individual claim for your data breach case. Individual lawsuits give plaintiffs more control over their case and legal strategy. You also don’t have to share the proceeds with other class members, which can lead to greater compensation for your losses.
However, individual lawsuits are more costly than class actions, which divide legal fees among all class members. Suing individually puts you on the hook for all legal costs. Going up against major corporations’ legal teams alone is also daunting. Individual parties risk losing suits that a larger class of plaintiffs might have won.
The majority of data breach cases over a single incident are similar enough that a class action is appropriate. However, if you have suffered severe or unusual damages from a data breach, a class action would not compensate you adequately. Thus, an individual suit may be right for you.
If you choose to sue individually, look for any existing class actions and opt out of the class. Failing to opt out of a class action will likely bar you from recovering individual damages later.
Get Help From a Data Breach Attorney
After a data breach, it’s critical to talk to a data breach attorney. They can evaluate your claim and advise you of your options. A lawyer can also determine whether a data breach class action lawsuit is right for you.
At Class Action U, we go above and beyond to protect our clients’ best interests. Our experienced data breach lawyers will help you navigate the entire legal process, whether you join an existing class action or initiate a new one. Contact us online today for your free legal consultation.
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