Expert Advice On Claiming After Feeling Suicidal After A Data Breach
Our guide explains when you could be eligible to claim if you are feeling suicidal after a data breach. We begin by defining what personal data is and the eligibility requirements that you must satisfy to have a valid claim.
As you move through the sections, you will see that we discuss data breach compensation looking at what can be awarded for certain types of damage.
Within this guide, we not only take a look at the impacts that you can suffer if your personal data is breached, but we also look at the laws that seek to protect you. We also look at how to report a data breach and how to collect evidence in support of your claim.
To conclude this guide, there is advice about working with data breach solicitors and how they can offer their services through a No Win No Fee agreement.
To find out if you can start a claim after feeling suicidal due to a data breach, please keep on reading our guide.
You can also bring your claim-related queries to the attention of our advisory team by using a method of contact below:
- Telephone us on 0800 073 8801
- Submit our form to contact us
- Look to our live support box to connect with a member of our team
Choose A Section
- Could You Claim Compensation For Feeling Suicidal After A Data Breach?
- What Data Could Be Impacted By A Breach?
- How Do You Claim For Feeling Suicidal After A Data Breach?
- What Could You Claim For Feeling Suicidal After A Data Breach?
- Start Your Claim With A No Win No Fee Data Breach Solicitor
- Learn More About The Impact Of Data Breaches
Could You Claim Compensation For Feeling Suicidal After A Data Breach?
A data breach is defined as an incident involving a breach of security affecting the availability and confidentiality of personal information. The Information Commissioner’s Office is the UK’s independent body responsible for upholding your data protection rights and freedoms.
The UK General Data Protection Regulation and the Data Protection Act 2018 outline the rules that must be followed when a data processor or controller is handling and processing your personal data.
A data controller is generally an organisation that will decide why and how your personal data will be collected and used, whereas a processor can be hired by the controller to process the data on their behalf.
To be eligible to begin a data breach claim, your circumstances should resemble the criteria below:
- There was a failure on behalf of a controller or processor to follow data protection laws.
- Because of this wrongful conduct, there has been a data breach that involves your personal information.
- As a result of this breach, you have suffered a psychological injury or financial harm.
If the cause for your claim reflects the above, you may be able to make a data breach claim. If you require further guidance on your eligibility, please get in touch with our team.
What Is The Limitation Period For Data Breach Claims
When you are making a personal data breach claim, it is important to be aware of the time limitations surrounding such.
To sue a company for a data breach, you will usually have six years to begin the legal proceedings of your claim.
If your claim is against a public body, you will only have one year to do so.
For more clarity on time limits, please contact our advisors.
What Data Could Be Impacted By A Breach?
Specifically, only personal data is protected by data protection laws. Your personal information can be your name, address, phone number, or email address. It is data that can be used to directly identify you or be used in conjunction with other information to do so.
Another kind of personal data is special category data. The nature of this data tends to be sensitive. Because of this, controllers and processors must process this information more securely.
Special category data can be personal data relating to your race, religion or political opinions.
A controller must have a lawful basis to process this data under Article 6 of the UK GDPR.
To find out if you can make a claim for feeling suicidal after a data breach, call our advisors now for free advice. If they can see you have a valid personal data breach claim, they may offer to connect you with one of our specialist solicitors.
How Do You Claim For Feeling Suicidal After A Data Breach?
There are things you can do if your data has been breached. Notifying the responsible company could be your first step.
You can make a complaint directly to them, and this can help you to acquire more information on the causes of the breach and what personal information was affected.
If the controller is the first to become aware of this breach and it infringes on your rights as a data subject, they must inform you of this breach without undue delay. They must also notify the ICO of the occurrence.
If you do not find the company’s response to be adequate, you can escalate your complaint and bring it to the attention of the ICO. You should wait no longer than three months from the last correspondence with the data controller to contact them.
Having copies of letters, emails, or any correspondence between yourself, the company, or the ICO will be useful to have as evidence.
What Could You Claim For Feeling Suicidal After A Data Breach?
When claiming compensation for a data breach, you should know that there are two types of damage that you could suffer and be awarded compensation for.
Non-material damage is the focus of this section. This refers to the emotional distress you have experienced, such as feeling suicidal after a data breach or if it has made your mental health problems worse.
Having copies of your medical records could be helpful to have as evidence of the harm you suffered.
Legal professionals may look to the Judicial College Guidelines when they are determining the value of your harm. The compensation brackets within these guidelines can be useful, and some of them are in the table beneath.
The values are not invariable representations of the award you will receive. The information should just be used as a form of guidance. Compensation tends to be decided on a case-by-case basis.
Compensation Table
| Harm | Severity Level | Details | Guidelines |
|---|---|---|---|
| Psychological | Severe (a) | There is a poor prognosis and evident problems in coping with relationships and employment. | £54,830 to £115,730 |
| Moderately Severe (b) | The person still struggles to cope with the categories mentioned above but the prognosis is optimistic. | £19,070 to £54,830 | |
| Moderate (c) | Improvement is notable and the prognosis is good. | £5,860 to £19,070 | |
| Less Severe (d) | The duration of the disability and the impact on daily routines and abilities will be considered. | £1,540 to £5,860 | |
| Post-Traumatic Stress Disorder | Severe (a) | The injured person suffers effects that are permanent and prevent a return to a life pre-trauma. | £59,860 to £100,670 |
| Moderately Severe (b) | There is a better prognosis and a likelihood for some recovery if professional assistance is sought. | £23,150 to £59,860 | |
| Moderate (c) | The recovery has largely taken place and remaining effects aren’t greatly impactful. | £8,180 to £23,150 | |
| Less Severe (d) | A near full recovery is made within one to two years. | £3,950 to £8,180 |
Learn About Other Compensation You Could Be Awarded
The other kind of impact you could experience is material damage, which relates to the financial losses you have suffered due to the data breach.
For example, if your credit or debit card information is involved in the breach, criminals could access this data to make purchases in your name and take money from your bank accounts.
This could also negatively impact your credit score. Evidence such as credit reports, bank statements, and any financial documentation will be useful to have when proving your losses.
Start Your Claim With A No Win No Fee Data Breach Solicitor
If you suffer emotional or financial harm as a result of a data breach, you may wish to work with a solicitor on your claim. They may propose to enter into a No Win No Fee contract with you.
A common type of these arrangements is a Conditional Fee Agreement.
These tend to work in a way which means that the outcome of your claim dictates whether your solicitor receives payment for the services they have provided.
So if your claim is not a success, there will be no expectation for you to pay your solicitor for their services.
However, a successful claim means that your solicitor can deduct an amount from your compensation. This is a success fee which refers to a percentage deduction from your award. The Conditional Fee Agreements Order 2013 outlines and caps how much a percentage solicitors can take.
To learn more about working with No Win No Fee data breach compensation claim solicitors, please contact a member of our advisory team.
Get In Touch With Our Team
Thank you for reading our guide on whether you can make a claim if you are feeling suicidal after a data breach; please speak with us if you have any additional questions or concerns.
You can reach an advisor in the following ways:
- Telephone us on 0800 073 8801
- Fill out our form to contact us
- Use our chat box to connect with a member of our team within minutes
Learn More About The Impact Of Data Breaches
Our guides:
- Failure To Redact Data Breach How To Make A Claim
- A Company Misused My Data How Do I Claim?
- Anxiety Due To A UK GDPR Data Breach A Compensation Claims Guide
External sources: