Privacy breaches and personal data theft cases can result in life-altering financial losses and reputational damages. 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 privacy and personal data lawsuits.
Invasion of privacy lawsuits may cover practice areas including personal data theft, data misuse, employer negligence, data breaches, defamation, medical record breaches, and identity theft.
Under the law, invasion of privacy is the unjustifiable intrusion into the personal life of another without consent. Common types of invasion of privacy torts include intrusion of solitude, appropriation of a name or likeness, false light and public disclosure of private facts.
It’s possible, but viable cases generally involve financial damages and serious emotional distress. If you think you have a case, contact an attorney to review.
Personal information under the Privacy Act is defined as information that identifies an individual such as name, address, telephone number, date of birth, medical records, bank account details, and an opinion.
Intrusion upon seclusion laws protect your right to privacy while in solitude. Thus, it’s illegal to for an individual to look into your home and take photos. Also, it’s also an invasion of privacy to use electronic equipment to listen in on a private conversation.
False light laws protect your right to not have potentially misleading or damaging information about yourself disclosed to the public. This may include the disclosure of information that may be true but is still misleading or damaging.
Any kind of data theft or personal data negligence by an individual or company that causes harm can lead to filing a privacy and data misuse lawsuit. The amount a plaintiff is entitled to depends on several factors, particularly how egregious the act and how serious the offense.
Personal data theft 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 privacy case for free and assess what compensation any plaintiff can expect through litigation.
Pre-Suit Investigation and Negotiations: Personal Data Theft lawsuits are unique and require a thorough investigation before a lawsuit is filed. An initial investigation involves gathering all relevant information. 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 Privacy 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 a privacy suit is filed by your attorney, 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, data theft and privacy claims rely upon evidence to prove negligence, causation and damages.