How Long Does It Take for a Data Breach Lawsuit To Settle?
Every lawsuit timeline is different, and data breach matters are no exception. If you want to know how long it takes for a data breach lawsuit to settle, it’s best to ask an attorney about the specifics of your case.
Class Action U is dedicated to connecting data breach victims with expert support and resources. We help you find an experienced digital privacy lawyer to navigate the complexities of your claim.
How Long Does a Data Breach Claim Take?
It’s hard to pinpoint an exact timeline for a data breach lawsuit. It usually starts with discovering the breach and an initial investigation. While simple cases may progress quickly, it’s not unusual for large and high-profile cases to take years to settle, especially if the case goes to trial or is appealed.
Factors That Affect the Duration of a Data Breach Claim
The breach itself is one contributing factor that can impact the duration of a data breach claim. Certain types of data breaches affect large volumes of people, causing widespread harm and increasing the scale of a lawsuit. Lawsuits with thousands or even millions of class members naturally take longer to process.
Another factor that can impact the duration of a data breach is the course of legal action you choose to take. While individual lawsuits may resolve relatively quickly, class action lawsuits often take years to process. In addition to requiring class certification, gathering evidence can take significant time depending on the scale and volume of people involved.
The defendant’s actions also play a role in the duration of a data breach claim. If the company agrees to a settlement quickly, the case will be resolved faster. If the company pushes back, the case may proceed to court, and court proceedings are vulnerable to various delays, including scheduling difficulties and delays in gathering evidence.
Phases of a Data Breach Claim
A data breach claim typically moves through several key phases, including:
- Information and evidence gathering: Collecting proof of the breach and documentation of damages can take weeks to months, depending on the event’s scale.
- Filing the lawsuit: Compiling legal paperwork and ensuring its accuracy before submitting can take several months.
- Negotiations and settlements: It can take months to years of communicating offers, counteroffers, and other information before reaching a fair settlement agreement.
- Trial, if necessary: Going to trial and arguing the case in court can extend a case by years.
- Payout distribution: Contacting plaintiffs and notifying those who may qualify for the award can take several months.
How Much Can Individuals Sue for After a Data Breach?
High-profile class action lawsuits with numerous members can have sizable payouts, but individual claims and awards vary significantly. As an individual, the amount you can sue for and recover depends on your losses.
Data Breach Compensation Examples
One of the most well-known data breaches in the past decade affected Equifax, exposing the records of 147 million consumers. The company settled with federal agencies and U.S. state and territory governments, ultimately paying an amount that included up to $450 million for consumers. Impacted consumers were also eligible for free identity restoration through January 2029.
Several years after the Equifax breach, T-Mobile suffered a slightly smaller-scale but extremely serious violation. The T-Mobile breach exposed the sensitive personal information of more than 76 million customers, such as names, birth dates, and Social Security numbers.
T-Mobile announced its settlement in early 2025, reporting it would distribute $350 million to affected customers. Users with financial losses could receive up to $25,000.Other customers were eligible for $25 payments or, for California residents, $100 payments.
What Are the Common Types of Claims in Data Breach Lawsuits?
Demonstrating losses to get compensation is standard practice in civil lawsuits, including data breach cases. If you have been affected by a data breach, you may be able to get compensation and recover damages for:
- Financial losses: A lawsuit may grant you reimbursement for expenses related to unauthorized transactions, fraud, and identity protection or recovery services.
- Lost wages: If you had to take time off work to resolve identity theft issues, you could claim that time as damages in a lawsuit.
- Emotional distress: With evidence showing the extent of your difficulties, you can recover damages for stress and anxiety resulting from the breach.
- Punitive damages: If the company’s actions constituted gross negligence, courts may add these additional damages as a penalty.
Joining a Class Action vs. Filing an Individual Lawsuit
Joining a class action lawsuit means joining a group of people with similar claims, while filing an individual lawsuit means pursuing your own case separately.
Class actions are often easier, less expensive, and ideal for large-scale issues like data breaches. However, they come with trade-offs—you may receive a smaller payout and have less control over the case. Filing an individual lawsuit can result in more compensation tailored to your specific harm, but it usually takes more time, effort, and legal costs.
We make it easy for victims to take action by connecting them with skilled data breach lawyers who can help them decide whether to join a class action lawsuit or file an individual claim.
Considerations When Joining a Class Action Lawsuit
Joining a class action lawsuit may involve submitting a claim for your losses or signing up to participate. While some smaller class actions include eligible members automatically, you can opt out of these if you do not wish to participate.
Someone who joins a class action lawsuit usually has little involvement in the legal process and gives up control over key decisions, including the final settlement amount. This lack of control can be a drawback, especially if you’ve suffered significant losses.
Also, joining a class action usually means you cannot bring an individual action later. If the initial suit is unsuccessful or settles for a small amount, you are limited to that outcome.
Why Skilled Representation Matters
Experienced data breach lawyers have the expertise to help victims get the compensation they deserve. Class Action U can connect you with a skilled attorney who will speak with you about your situation and offer suggestions for moving forward.
Did you receive a notice letter in the last 30 days informing you that you were affected by a data breach? Sign up for a data breach investigation, or contact us online to learn more about your options.
FAQ
What Are the Key Stages in a Data Breach Lawsuit?
After investigating the incident and gathering evidence, the plaintiff’s legal team will file the lawsuit and attempt to negotiate a settlement with the defendant’s team. If the parties cannot agree on a settlement total, they may take the case to court.
Why Do Some Lawsuits Settle Quickly While Others Take Years?
Cases may resolve quickly if the circumstances are uncomplicated and the defendant agrees to a settlement early in the process. If the defendant fights back, or if the case involves multiple defendants and large volumes of detailed evidence, the lawsuit can take a long time to process.
Can I Get Compensation Without Going To Court?
If you join a class action, it’s unlikely that you will need to go to court. Individual plaintiffs may need to do so, but many data breach lawsuits settle before a trial is necessary.
Do I Need to File a Claim To Receive Payment?
Some class action lawsuits require individual plaintiffs to file claims for their losses. Others ask for a simple sign-up or opt members in automatically, meaning you are eligible for payment unless you opt-out.
Will I Owe Legal Fees Or Costs If The Case Settles?
Attorneys in class action lawsuits typically work on contingency, meaning they receive payment from the total settlement. Members typically do not owe fees out of pocket.
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