August 11, 2025 | Chicago Personal Injury Blog
After a major data breach, many victims are left asking, “How much can I claim for a data breach?” Whether you’re affected by a national public data breach or a company-specific event like the AT&T data breach or the UnitedHealthcare breach, you may be eligible for compensation.
In Chicago and across the country, victims have successfully recovered damages through both individual lawsuits and class action settlements.
What Is a Data Breach?
A data breach happens when sensitive, confidential, or protected information is accessed or disclosed without permission. It can occur due to hacking, poor cybersecurity, insider leaks, or even lost devices. Victims may have their names, addresses, social security numbers, bank accounts, or medical records exposed.
Can I Sue for a Data Breach?
You can sue for a data breach in many cases. Victims often bring claims for:
- Negligence (failure to secure sensitive data)
- Breach of contract (violating terms of service or privacy promises)
- Consumer protection violations (under federal or Illinois law)
In Illinois, both individual and class action lawsuits are common. If you were part of a larger incident, such as the NPD breach or a national healthcare breach, you may already be eligible for a class action claim.
What Can I Be Compensated For?
If your claim succeeds, compensation may cover several types of harm. Courts and settlement agreements often award money for:
- Direct financial loss: This includes fraud charges, stolen funds, or fraudulent accounts opened in your name
- Emotional distress: Anxiety, stress, sleep disruption, and fear of ongoing identity theft
- Credit damage: Lowered credit scores or rejected applications due to fraud
- Time and inconvenience: Hours spent freezing credit, disputing charges, or replacing documents
- Out-of-pocket costs: Expenses for credit monitoring, fraud protection services, or legal help
These categories help ensure victims are made whole for the wide-ranging effects of a data breach.
What Factors Impact the Value of a Claim?
Several variables influence how much you can actually claim in a data breach lawsuit:
- Type of data leaked: Leaks involving financial, medical, or government ID data typically result in higher settlements than leaks of just email addresses.
- How the data was used: If your info was actively used for fraud, that strengthens your case.
- Number of people affected: Smaller incidents often result in larger per-person payouts; massive breaches may lead to smaller payments per claimant.
- Whether it’s a class action: Class actions can lead to structured settlements with fixed amounts per person, often in the range of $100–$1,000.
For instance, a breach that led to identity theft and significant financial loss might lead to a higher payout than a breach with no resulting harm.
Average Settlement Amounts in Data Breach Cases
There’s no guaranteed payout, but examples from recent cases offer some guidance:
- Individual claims: May range from $1,000 to $25,000, depending on the severity of damages.
- Class actions: Typical per-person payouts range from $100 to $1,500, with some high-profile settlements reaching $10 million or more overall.
- Emotional damages: Can add several thousand dollars, depending on the impact and supporting documentation.
Some well-known settlements include:
- $92 million in the Yahoo data breach class action
- $650 million in the Equifax class action
- Over $100 million in combined healthcare data breach settlements
Each case is different. A class action may offer quick compensation, but individual lawsuits can lead to higher recovery if your damages were severe.
How Long Do I Have To File a Claim?
In Illinois, you generally have two years to file a personal injury claim related to a data breach. This includes emotional harm and financial loss. The clock typically starts when you discover (or should have discovered) the breach.
To protect your rights, it’s important to:
- Monitor breach alerts and data notifications
- Document all communication and expenses
- Keep credit reports and fraud logs organized
If you’re part of a class action, you may need to opt in by a specific deadline. Missing that window could mean losing your right to compensation.
Personal Injury Claims for Data Breaches
How much you can claim for a data breach depends on the details. The type of breach, how you were affected, and whether you joined a class action or filed a personal claim all affect the amount. From minor payouts to multi-thousand-dollar settlements, the range is wide, but the right evidence and legal guidance can help you get the compensation you deserve.
If you’ve been injured in an accident in Chicago, IL, don’t navigate the legal process alone. Our dedicated team is here to provide the expert guidance you need to secure the compensation you deserve. Contact our experienced attorneys at Powell and Pisman Injury Lawyers for a free consultation.
We serve Cook County and its surrounding areas:
Powell and Pisman Injury Lawyers
5351 West Belmont Avenue
Chicago, IL 60641
(312) 635-5400
Open 24/7