A Solicitor Lost My Case File – Could I Make A Compensation Claim?

To discover that a solicitor lost your case file can be distressing. Depending on the nature of the legal matter, your solicitor could hold a variety of personal data and special category data in your case file. If this file is then lost due to their wrongful conduct and you suffer harm, you may be eligible to claim.

Solicitor lost case file

Solicitor lost my case file claims guide

Personal data, or any information that could identify you, is protected by the Data Protection Act 2018 (DPA) and UK General Data Protection Regulation (UK GDPR).

The Information Commissioners Office (ICO) is an independent watchdog that enforces these laws. The ICO can issue monetary penalties to organisations that fail to comply with this legislation.

If the loss of your case file, documents or digital data goes on to cause you financial or emotional damage, you could be owed compensation from the law firm concerned. Our advisors are available to assess your claim and provide free legal advice when you get in touch:

  • Call for a free and confidential discussion at 0800 073 8801
  • Contact us online
  • Or use the live support option below

Select A Section

  1. Can You Claim If A Solicitor Lost Your Case File?
  2. What Records And Documents Do Solicitors Handle?
  3. When Could Solicitors Need Your Documents?
  4. How To Claim If A Solicitor Lost Your Case File
  5. Calculating Typical Compensation Payouts After A Solicitor Lost A Case File
  6. Start Your Claim With A No Win No Fee Agreement

Can You Claim If A Solicitor Lost Your Case File?

If your solicitor has lost your case file, you may be wondering if you can claim. A personal data breach occurs when a security incident affects your personal data and its confidentiality, availability, or integrity. As we have previously mentioned, personal data is any information that could identify you.

The legislation above applies to data controllers and data processors. A data controller decides how and why your personal data is used, and a data processor then processes this data on the controller’s behalf.

However, in order to claim, your case must meet the specifications set out by the UK GDPR. According to these criteria, you have to prove that the breach:

To find out if you have a valid claim, get in touch with our advisors today.

What Records And Documents Do Solicitors Handle?

Data protection law protects both paperwork and digital data held on devices such as laptops or hard drives. Solicitors work under various areas of law, meaning there are a wide range of records and documents that they could handle. Some examples of documents that could contain your personal information include:

If a solicitor lost your case file, and this led to a personal data breach that caused you harm, contact our advisors today.

When Could Solicitors Need Your Documents?

Solicitors may need to process your personal data through your documents for a number of reasons. For example, you may be making a compensation claim, or you could be filing for divorce. In any case, your solicitor may request documents from you that could contain your personal data.

However, in order to process this information, A lawful reason to process data must be demonstrated. Further care must be taken under data protection law if your solicitor is to process a kind of personal data known as special category data. This includes data that reveals information about your:

  • Racial and ethnic background
  • Political opinions
  • Philosophical and religious beliefs
  • Health data
  • Genetic and biometric information
  • Sexual orientation or sex life

If a solicitor has lost your case file, contact our advisors to find out what steps you could take next.

How To Claim If A Solicitor Lost Your Case File

You may be wondering how to claim if a solicitor has lost your case file. If you become aware of a personal data breach, you can contact the law firm and make a complaint. They may be able to provide more information. For example, they could confirm that a breach occurred. Or they might explain what information was affected.

You can also make a complaint to the ICO. However, you must do this within three months of your last meaningful contact with the organisation responsible. The ICO can investigate potential breaches and can impose monetary penalties on organisations found responsible. However, the ICO does not provide compensation.

You can also seek legal advice. Our advisors can help you identify if you have a valid claim, and may connect you with one of our expert solicitors.

Calculating Typical Compensation Payouts After A Solicitor Lost A Case File

You could be eligible to seek damages in two areas. Material damage looks at the financial expenses caused by the breach. For example, these costs can include:

  • Recouping funds that were stolen from bank accounts
  • Paying off fraudulent charges run up in your name on credit cards
  • Damage to your credit score

Non-material damage applies to the injuries you suffer to your mental health as a result of the breach. Psychological injuries such as anxiety due to a data breach could be recouped under non-material damage.

For some examples of guideline non-material damage payouts, you can use the table below. These figures are provided by the Judicial College Guidelines (JCG), which help solicitors and various other legal professionals when they need to value compensation claims.

Edit
Injury Definition Judicial College Guideline Award Bracket
Psychiatric Harm Very marked problems in areas of relationships and work with a poor future prognosis. (a) Severe Cases – £54,830 to £115,730
Psychiatric Harm Symptoms are similar to that in the bracket above but there is a better prognosis. (b) Moderately Severe Cases – £19,070 to £54,830
Psychiatric Harm Similar issues to those above but a discernable improvement by the time the case may need to be heard in court. (c) Moderate Cases – £5,860 to £19,070
Psychiatric Harm This bracket reflects the effect symptoms have on daily life and the length of time they are present. (d) Less Severe Cases – £1,540 to £5,860
Post-Traumatic Stress Disorder (PTSD) Severe and permanent symptoms that prevent the person from functioning or working as they would have pre-trauma. (a) Severe Level – £59,860 to £100,670
PTSD A significant disability for the foreseeable future but an improvement after professional counselling (b) Moderately Severe Level – £23,150 to £59,860
PTSD There is a large amount of recovery, and the remaining symptoms are not grossly disabling. (c) Moderate Level – £8,180 to £23,150
PTSD There is a virtually full recovery within 1-2 years, and any continuing symptoms are minor. (d) Less Severe Level – £3,950 to £8,180

It is important to note that these award bracket amounts are general guidelines and not guaranteed awards. If a solicitor lost your case file, contact our team to get a free consultation and assessment of your claim.

Start Your Claim With A No Win No Fee Agreement

After a solicitor lost your case file, you might consider starting a personal data breach claim. You could hire legal representation through one of our solicitors with the help of a Conditional Fee Agreement (CFA). Under this type of agreement, also known as a No Win No Fee arrangement, you typically don’t pay your solicitor any fees. This includes upfront fees and ongoing costs.

The only fee you generally pay to your solicitor comes only if your claim succeeds. In this case, your solicitor will require a success fee. This is taken as a percentage of your final award, though this amount has a legal cap. If your claim doesn’t succeed, you don’t pay this fee.

To learn more about how one of our expert solicitors could help you:

How To Claim Against A Solicitor

The articles below offer more guidance on personal data breach claims:

In addition to these resources, you can access further help and information below:

For more questions surrounding what to do if your solicitor lost your case file, contact our team of advisors today.

Guide by JW

Edited by CH