Why are fraud cases important?
Financial fraud and tax refund fraud incidents often result through no fault of the impacted party, yet the victim suffers from serious financial losses. Such losses can have devastating financial consequences on individuals and families if not properly compensated. Tort law allows those individuals to seek just legal recourse through data theft lawsuits.
Give Yourself a Voice
Questions about Identity Theft Cases
The Fair Credit Reporting Act defines identity theft as “fraud committed or attempted using the identifying information of another person without authority.” More specifically, identity theft can manifest itself in the following ways:
- Medical Identity Theft: individuals may another person’s name and insurance information to receive medical care, prescription drugs and ring up huge medical bills. Medical information may also be stolen and sold to third parties.
- Account Fraud: individuals use your good credit to open new credit card, bank, utility, and cell phone accounts. Criminals also take over existing accounts for their own gain.
- Criminal Identity Theft: individuals may present your identification after committing a criminal act.
- Social security numbers
- Drivers license numbers
- Bank account numbers
- Health insurance numbers
- Credit card & debit card numbers
- Personal identification numbers
- Electronic identification numbers
- Passwords & Logins
- Digital signatures
- Birth certificates
- Full-face photos
Any kind of negligence by an individual or company that causes injury or harm can lead to filing a personal injury lawsuit. The amount a plaintiff is entitled to depends on several factors, particularly how egregious the act and how serious the injury.
Personal injury attorneys generally only will take cases on a confidential and contingency fee basis, which means your lawyer will only get paid if he or she is able to reach a settlement or positive verdict. The Lyon Firm will review your case for free and assess what compensation any plaintiff can expect through litigation.
Personal Injury cases can range from minor auto accidents to complex lawsuits filed against large corporations. The Lyon Firm has handled both with equal care. Severe injury requires legal action on occasion, no matter if the injury is the result of a vehicle accident, a dog bite, a boating accident, workplace injury, defective consumer products, medical malpractice, or toxic exposure.
Plaintiffs can file a lawsuit against an individual for stealing an identity, but hackers are often elusive, so it is often best to sue the company who failed to keep your data protected. Usually the targets of identity theft lawsuits are those you have trusted with your personal information. Lawsuits may be lodged against the following:
- Banks & financial institutions
- Municipalities & other government entities
- Hospitals & medical centers
- Various online service providers
Data breach incidents are now the most common sources of data theft, but because there are numerous manners in which an identity can be stolen, lawyers will have to determine the specific liability in your case. Potential causes of action may include the following:
- Security Negligence
- Invasion of privacy
- Publication of private information
- Breach of fiduciary duty
- Infliction of emotional distress
- Breach of contract
Pre-Suit Investigation and Negotiations: Personal injury lawsuits are unique and require a thorough investigation before a lawsuit is filed. An initial investigation involves gathering all relevant medical records, accident reports, and interviews with available witnesses. Preservation letters are drafted to notify the defendant of the case. The duty to preserve electronic evidence is critical in most cases to prevent spoliation.
Filing a Lawsuit in Cincinnati: If pre-suit negotiations are unsuccessful, then a lawsuit must be filed to preserve the statute of limitations. Filing a lawsuit early in the process is often necessary to begin gathering evidence while the witnesses memories are fresh and documents remain available.
Once suit is filed by your personal injury lawyer, the court will set a case management schedule and the parties will begin exchanging information in the formal process of discovery. Depositions will be taken to preserve testimony for trial and to understand what certain witnesses are likely to say at trial.
Proving Negligence, Causation and Damages: In addition to lay witness testimony and other documentary evidence, personal injury claims rely upon medical and scientific evidence to prove negligence, causation and damages. The chosen expert in a case must have a reliable and sound basis in science and in the facts of the case or his opinion may not be admissible under the rules of evidence.
In the areas of Toxic and Environmental Torts, the admission of expert testimony may be scrutinized harder than in other areas simply because the subject may not have been as widely tested and may rest on novel scientific theories.
By far, the most common data theft is through online security breaches.
Identity thieves either hack into a system or they buy personal data online on dark web forums. After they obtain the information, there are a number of ways they can do damage, including the following:
- Criminals may spend a great deal of money on your account, and in turn they sell big items for profit.
- Thieves open new credit card accounts, take out loans in your name, get a tax refund or apply for unemployment.
- Unexplained card charges or bank withdrawals
- Failing to receive a monthly bill
- Receiving random credit cards you didn’t apply for
- Being denied credit for nogood reason
- First, move quickly to limit the damage
- Contact your bank to change account number and get new cards
- Obtain a recent Credit Reportfrom all three Credit Bureaus (Experian, Equifax, and Transunion)
- File a Police Report
- File a Complaint with the FTC
- Place a Fraud Alert on your credit file
Each state will vary. Under Ohio law, an injured party may recover damages related to medical expenses, lost wages, property damage, loss of enjoyment of life, past pain and suffering, future pain and suffering, and punitive damages. The numerical limits are as such:
- Non-Catastrophic Injury: The non-economic award is limited to $250,000 per plaintiff, or three times the economic loss, up to $350,000 per plaintiff. A maximum of $500,000 for each “occurrence.”
- Catastrophic Injury: No limits.
The Lyon Firm may be able to file injury claims and recover rightful compensation for clients for medical expenses, pain and suffering, lost earnings and long-term disability.
Our Firm will help you find the answers you need following a data theft incident. The Firm has the experience, resources and dedication to take on difficult and emotional cases and help our clients obtain the justice for the wrong they have suffered.
Experience: Joe Lyon is an experienced privacy lawyer. The Lyon Firm has 17 years of experience and success representing individuals and plaintiffs in all fifty states, and in a variety of complex civil litigation matters. Privacy lawsuits can be complex and require industry experts. Mr. Lyon has worked with experts nationwide to assist individuals understand why an injury occurred and what can be done to improve their lives in the future. Some cases may go to a jury trial, though many others can be settled out of court.