Welcome to this guide, which answers the question of ‘What questions should I ask a data breach solicitor before hiring them?’ In today’s digital age, data breaches have become a common occurrence. They can happen to anyone at any time, and can have serious consequences for those affected. A data breach occurs when there is unauthorised access or disclosure of personal information, including sensitive data such as names, addresses, email addresses, National Insurance numbers, or financial information. Data breaches can result from a variety of causes, including human error, hacking, or cyber-attacks.
If you have been affected by a data breach, it is useful to seek the assistance of a data breach solicitor. A data breach solicitor can help you understand your legal rights and guide you through the process of making a claim. In this guide, we will provide you with the questions you should ask a data breach solicitor before hiring them. Should you have any questions, or you’d like help with selecting a solicitor, an advisor could help you. You can reach out to one of our advisors via any of the following methods.
What Is A Data Breach?
A data breach occurs when personal data is stolen, accessed, or disclosed without authorisation. Examples of data breaches include the theft of laptops or mobile phones containing personal data, unauthorised access to databases or networks, and phishing scams. The UK GDPR and the Data Protection Act 2018 provide legal frameworks for data protection and breach notification. The Information Commissioner’s Office (ICO) enforces these regulations and ensures that organisations protect personal data and respond appropriately to data breaches. However, the ICO doesn’t help you claim compensation for the harm caused by the wrongful exposure of your personal data. Therefore, you might want to consider using a solicitor to help if you want to make a claim.
Examples of Potential Data Breaches
There are various examples of data breaches that could lead to claims, such as:
- Cyberattack: A company’s network is hacked, and personal data of its customers is stolen.
- Employee negligence: An employee accidentally sends sensitive information to the wrong person or leaves a laptop containing personal data on a train.
- Third-party breach: A supplier of a company experiences a data breach, and the personal data of the company’s customers is compromised.
- Website vulnerability: A company’s website has a security flaw, and hackers exploit it to steal personal data.
- Insider threat: An employee deliberately steals personal data to sell it or use it for fraudulent purposes.
The Role Of A Data Breach Solicitor
A data breach solicitor is a legal professional specialising in helping individuals who have suffered from data breaches. Their role is to assess the circumstances of the data breach, determine whether a legal claim can be made, and guide their clients through the process of making a claim. They will also negotiate with the responsible party on their client’s behalf to obtain compensation for any harm caused by the data breach.
Why You Should Ask Questions Before Hiring A Data Breach Solicitor
Asking questions is crucial when hiring a data breach solicitor. It will give you a better understanding of their experience and expertise, the likelihood of success in your case, and the costs involved. Furthermore, asking questions will also help you determine whether the solicitor is the right fit for you and your case.
What Questions Should I Ask A Data Breach Solicitor Before Hiring Them?
Here are some questions you could ask a data breach solicitor before hiring them:
- How many data breach claims have you handled?
- What is your success rate in handling data breach cases?
- How do you charge fees? Is it on an hourly basis or on a contingency basis?
- What is your strategy for handling my case?
- What is your estimated timeline for resolving my case?
- What is your experience in negotiating compensation with responsible parties?
- Will you personally handle my case, or will it be passed to a junior member of staff?
- Can you provide me with references from previous clients?
- What is your level of familiarity with the UK GDPR and Data Protection Act 2018?
- What is your communication policy? How will you keep me informed about my case’s progress?
How To Evaluate The Answers
Once you have asked these questions, it’s essential to evaluate the answers carefully. Look for clear and concise responses that demonstrate the solicitor’s experience and expertise. Check for consistency in their answers to ensure they are knowledgeable about the legal issues surrounding data breaches. If you are unsure about any of their responses, don’t be afraid to ask follow-up questions.
Other Factors To Consider
In addition to the questions above, there are other factors to consider when hiring a data breach solicitor. It’s essential to choose a solicitor with a good reputation, experience in handling similar cases, and a track record of success. You may want to check online reviews and ask for references from previous clients.
Asking Questions About Compensation Payouts For Data Breach Claims
One of the most critical questions that you should ask a data breach solicitor is how much compensation you may be entitled to. It’s essential to understand that compensation payouts can vary depending on the specific circumstances of your case. Some factors that may affect the compensation you receive include the severity of the breach, the extent of any financial loss, the impact on your mental health, and any other related costs.
The Judicial College Guidelines (JCG) are used to provide guidance on compensation payouts for non-material damages in different types of personal injury claims, including data breach claims. However, it’s important to note that these guidelines are just rough estimates, and the actual compensation amount you receive may vary depending on your case’s specific circumstances. You can find examples of these below:
- Severe psychological damage: £54,830 to £115,730
- Moderately severe psychological damage: £19,070 to £54,830
- Moderate psychological damage: £5,860 to £19,070
- Less severe psychological damage: £1,540 to £5,860
When asking a data breach solicitor about compensation payouts, it’s crucial to ask about the damages that YOU can claim. These can include any financial losses you’ve suffered as a result of the data breach, such as stolen funds or fraudulent charges on your accounts. Additionally, you may be able to claim for non-financial losses such as emotional distress or reputational damage.
Should You Ask A Solicitor Questions About No Win No Fee Data Breach Claims Before Hiring Them?
One question that you may have when looking for a data breach solicitor is whether they offer No Win No Fee agreements. No Win No Fee means that you won’t typically have to pay them upfront, and if your case is unsuccessful, you won’t have to pay anything at all.
Under a Conditional Fee Agreement (CFA), which is the legal document that governs No Win No Fee agreements, your solicitor will only get paid if your claim is successful. If you win your case, your solicitor will take a percentage of your compensation as their fee. The percentage will be agreed upon beforehand, and it is capped at 25% of your compensation payout by law.
When speaking to data breach solicitors, it’s worth asking about their fee structure and whether they offer No Win No Fee agreements. This can help you understand the financial commitment involved in pursuing your claim. Additionally, you can ensure that you’re not left out of pocket if your claim is unsuccessful.
Ask Us Questions Or Begin Your Claim With Our Help
Our advisors can help you find a data breach solicitor who can provide the guidance and support you need. Additionally, we can connect you with a No Win No Fee solicitor from our panel and answer any questions you may have about making a claim.
If you have been the victim of a data breach, do not hesitate to get in touch with us. Our experienced advisors are ready to help you get the compensation you deserve.
What Questions Should I Ask A Data Breach Solicitor Before Hiring Them – Further Guidance
Here, we’ve provided further guidance that you might find interesting when considering what questions to ask a data breach solicitor. Therefore, whether you’re claiming for medical data breaches or financial data breaches, these guides could be helpful.
Medical Data Breach Compensation Examples – Here, you can find examples of medical data breach compensation claims and who could make them.
When Is A Credit Card Data Breach Claim Possible? – Now, learn whether you could claim compensation for a breach of your data by a credit card company.
Can I Make A Data Breach Claim On Behalf Of Someone Else? – Find out who could make a claim for someone else.