October 3, 2025 | Personal Injury
In today’s digital world, personal information is more vulnerable than ever. From online shopping accounts to healthcare records, companies store large amounts of sensitive data. Unfortunately, data breaches are becoming increasingly common, exposing millions of people to identity theft, financial loss, emotional stress, and even personal injury when sensitive details are misused.
Keep reading to learn more about recovering compensation for a data breach.
Understanding Data Breaches
A data breach occurs when unauthorized individuals gain access to confidential information, such as Social Security numbers, credit card details, or medical records. These breaches may result from hacking, phishing, employee error, or a company’s failure to maintain proper cybersecurity measures.
While some breaches cause minimal disruption, others can have serious consequences. Victims may spend months or years repairing credit, disputing fraudulent charges, and protecting against further identity theft.
Florida Laws Protecting Data Privacy
Florida has some of the strictest data breach notification laws in the country. Under the Florida Information Protection Act (FIPA), businesses and government agencies must notify affected individuals within 30 days of discovering a breach involving personal information. This law is designed to allow consumers to take protective measures, such as freezing their credit or changing passwords.
Additionally, Florida law allows individuals to bring civil claims if a company’s negligence leads to damages. For example, under Florida Statutes § 768.81, comparative negligence rules may apply if multiple parties share responsibility. This means your potential recovery could be reduced if your own actions contributed to the loss, such as failing to update security settings after being warned.
What Damages Can You Claim?
The value of a data breach claim depends on the harm you suffered. Courts and insurance companies look at both economic and non-economic damages.
Common categories include:
- Fraud-related financial harm: fraudulent charges, unauthorized bank withdrawals, or costs of credit monitoring services
- Loss of income: time taken off work to address identity theft issues or secure financial accounts
- Emotional distress: anxiety, stress, or fear of future misuse of your personal information
- Out-of-pocket expenses: costs of replacing compromised accounts, updating security systems, or seeking professional help
The stronger your evidence, the more likely you are to recover fair compensation. Keeping receipts, bank statements, and correspondence with financial institutions can help prove your damages.
Factors That Can Affect Your Settlement Value
Not every data breach claim is the same. The following factors often influence how much you can recover:
- Type of data exposed: Highly sensitive information, such as Social Security numbers or medical records, often results in higher claims than less sensitive data.
- Extent of misuse: If your data was actively used for fraud, your damages will likely be higher than if the breach only exposed information without proven misuse.
- Company negligence: Demonstrating that a business failed to implement reasonable cybersecurity measures can strengthen your claim.
- Number of victims: Large data breaches often lead to class action lawsuits, which may limit individual payouts but still hold companies accountable.
By understanding these factors, you can better anticipate the potential value of your data breach claim and work with your attorney to pursue fair compensation.
How Long Do Claims Take?
The timeline for resolving a data breach claim can vary. Some cases settle quickly if liability is clear and the damages are well-documented. Others take longer, especially if the company disputes its responsibility or if the breach affects thousands of people across multiple states.
In Florida, courts may encourage mediation to resolve these cases without lengthy litigation. However, if a fair settlement cannot be reached, your attorney may recommend pursuing a lawsuit to secure the compensation you deserve.
Steps to Protect Your Rights
If you’ve been affected by a data breach in Florida, taking the right steps immediately can protect your claim and minimize further harm:
- Monitor your credit report for unauthorized activity.
- Notify your bank and credit card providers to dispute fraudulent charges.
- Save all correspondence related to the breach, including emails and letters from the company.
- Consider enrolling in identity theft protection services if offered.
- Speak with a lawyer who understands how to value and pursue these claims.
Taking these proactive measures not only helps safeguard your personal information but also strengthens your ability to seek compensation after a data breach.
Contact a Graves Thomas Rotunda Injury Law Group for a Free Consultation With a Port St. Lucie Personal Injury Lawyer
A data breach can make you feel powerless, but Florida law provides important protections. While every case is unique, the amount you can claim will depend on your documented losses, the sensitivity of the exposed information, and whether negligence was involved.
By keeping careful records, acting quickly, and seeking legal advice, you can pursue the compensation you need to recover financially and emotionally from the breach.
If you’ve been injured in an accident, please contact our experienced personal injury lawyers at Graves Thomas Rotunda Injury Law Group to schedule a free consultation today. We have three convenient locations in Florida, including Vero Beach, St. Petersburg, and Port St. Lucie.
Graves Thomas Rotunda Injury Law Group – Vero Beach
2651 20th St
Vero Beach, FL 32960
(772) 758-1966
Graves Thomas Rotunda Injury Law Group – St. Petersburg
200 Central Ave Suite 304
St. Petersburg, FL 33701
(772) 569-8155
Graves Thomas Rotunda Injury Law Group – Port St. Lucie
10805 SW Tradition Square Unit 024A
Port St. Lucie, FL 34987
(772) 677-0373
