Farmer, Cline & Campbell Personal Injury Lawyers | November 20, 2025 | Personal Injury
NOTE: Our law firm does not handle Data Breach cases. This article is for informational purposes only. Information found in the article does not constitute as formal legal advice and does not create an attorney/client relationship.
In today’s digital world, businesses continually collect consumer data. Some of this data might even include your personal information, such as your name, address, or Social Security number. Unfortunately, this type of information can be valuable to hackers, and your personal information may be at risk in the event of a data breach.
Most of the time, you don’t even know your information has been compromised until the business announces that the data breach occurred. If your information was exposed, you could have a right to claim compensation for your damages. However, putting a value on those damages may be challenging.
Keep reading below to learn how much you might be able to claim after a data breach.
Filing a Lawsuit After a Data Breach
Consumers who are the victims of a breach may have rights under both state and federal law. West Virginia lacks a comprehensive set of consumer data and privacy regulations. West Virginia does have a law that requires businesses to disclose to consumers when a breach has occurred.
There are several federal laws under which you may also file a claim, including:
- Health Insurance Portability and Accountability Act of 1996 (HIPAA): This law governs the storage, use, and disclosure of your personal health information. Medical providers must take certain steps to prevent your information from being breached.
- Gramm-Leach-Bliley Act (GLBA): Financial institutions must take appropriate steps to safeguard your information and that of other customers.
- Fair Credit Reporting Act (FCRA): Credit reporting bureaus and lenders are required to protect your personal information from exposure.
Since West Virginia does not yet have comprehensive consumer data privacy rights, you might be better off filing a claim under federal law. An experienced attorney can help you determine the proper channel for filing your claim.
How Much Is Your Data Breach Claim Worth?
Victims of data breaches may be entitled to recover both economic damages and non-economic damages. However, putting a specific value on your claim can be challenging. Proving liability is usually not too difficult in these cases. In many cases, the company publicly announces that a breach occurred, and that fact alone is enough to establish liability.
However, you then must quantify your damages. The amount you can claim for a data breach depends on your specific damages. You may be entitled to recover compensation for:
Your Time Dealing with the Breach
Your time is valuable. Victims can sometimes spend hundreds of hours of their own time dealing with a breach. This may include changing passwords, contacting credit bureaus, and taking other steps to protect yourself. The more time you have to spend on this, the more your claim may be worth.
Actual Financial Losses from the Breach
If someone uses your data from the breach, you may suffer actual financial harm. This could include harm to your credit score, accounts opened in your name, or other financial harm. You have a right to recoup compensation for these losses.
Credit Monitoring Services
After a breach, many victims choose to purchase a credit monitoring service. This type of service can alert you if anyone attempts to use your personal information. These services come at a cost, but you can include the cost of the service as part of your damages.
Emotional Distress
Dealing with the effects of a data breach can take a toll on victims. This can put a huge amount of stress and worry on someone who has to deal with these situations. You can also recover compensation for the emotional distress that you had to endure.
What to Do After a Data Breach
If you have been the victim of a data breach, you should take these steps to help protect your rights. First, take action to avoid additional damages or losses. Place an alert on your files with the credit reporting agencies, and then sign up for credit monitoring. Next, make sure you keep detailed records.
You should record all the time you spend dealing with the effects of the breach. If you make phone calls, send emails, or perform other tasks as a result of the breach, log the date, time, and duration of those activities. This information can be crucial to proving the full value of your losses.
Contact Our Charleston Personal Injury Lawyers for a Free Consultation
After you are potentially affected by a data breach, you should talk to an experienced attorney who can help you through this situation. Your lawyer can help you put an accurate value on your claim and pursue compensation from the responsible party.
The team at Farmer, Cline & Campbell Personal Injury Lawyers has the experience you need on your side to navigate these complex legal claims. Call our Charleston personal injury lawyers to schedule a free consultation.
For more information, please contact an experienced personal injury lawyer at Farmer, Cline & Campbell Personal Injury Lawyers, to schedule a free initial consultation today. We have convenient locations in Charleston, Beckley, Morgantown, WV.
Farmer, Cline & Campbell Personal Injury Lawyers – Charleston
746 Myrtle Rd
Charleston, WV 25314
(304) 346-5990
Farmer, Cline & Campbell Personal Injury Lawyers – Beckley
101 N Kanawha St, Suite 101
Beckley, WV 25801
(304) 252-5990
Farmer, Cline & Campbell Personal Injury Lawyers – Morgantown
453 Suncrest Towne Centre Drive, Suite 300
Morgantown, WV 26505
(304) 225-5990
