Ty Robinson | October 3, 2025 | Personal Injury

How Much Can I Claim for a Data Breach?

A data breach can feel like more than just a technical issue—it’s a violation of your privacy and trust. Suddenly, your personal information isn’t safe. Your bank account, Social Security number, or even your medical history could be in the hands of strangers. If you’re dealing with the fallout from a data breach in Charleston, SC, you may be entitled to compensation for economic damages, non-economic damages, and more.

In this article, we discuss how much you can claim after a data breach in Charleston.

Understanding Compensation After a Data Breach

The amount you can recover after a data breach depends on how the breach has affected you personally. Courts recognize these cases don’t just involve financial losses—they can also disrupt your peace of mind.

Data breach victims may recover compensation for:

  • Financial losses, such as fraudulent charges, drained accounts, or costs of replacing stolen funds.
  • Credit damage, including fees for credit monitoring or higher loan rates.
  • Identity theft-related expenses, like clearing fraudulent accounts or repairing your credit history.
  • Emotional distress, including anxiety and stress, caused by the breach.
  • Attorney’s fees and court costs.
  • Other out-of-pocket costs, such as paying for document replacements or professional help to repair your finances.

Each of these damages can be documented and presented in your claim. The stronger your evidence, the stronger your case.

Factors That Influence the Value of a Claim

Not all data breaches are equal. Some involve simple mistakes that expose email addresses, while others release highly sensitive details like bank accounts or health records. The impact on your life determines how much your claim may be worth.

Key factors include:

  • The type of information that was exposed
  • The scale of the breach, whether it affected a handful of people or thousands
  • Proof of harm, such as fraudulent charges or denial of credit
  • Whether the company was negligent in protecting your data

When these elements come together, they paint a picture of the actual cost of the breach to your life.

What Impacts Data Breach Claims?

The specific facts of each case, including the type of data compromised and the degree of negligence or intent, can heavily influence the available compensation for data breach victims. The law distinguishes between negligent breaches and willful and knowing violations. Negligent breaches allow victims to claim actual damages, while willful violations may lead to greater recovery. 

For example, someone who had to spend months untangling identity theft could recover much more than someone who simply had to replace a credit card. In Charleston, the numbers will vary, but these examples show the wide range of potential recovery.

Depending on the compromised data, federal regulations like HIPAA could also offer additional protections and remedies.

South Carolina law requires entities that conduct business in the state and that own or license computerized data containing personal identifying information to notify affected residents when a breach occurs “without unreasonable delay.” A company that fails to comply with this requirement may be liable for any harm that results.

Challenges of Proving Data Breach Damages

Unlike a car accident, where medical bills and repair costs are relatively easy to calculate, data breach damages are harder to measure. Many victims don’t realize the full impact until months or even years later. For instance, you may not notice fraudulent activity until it shows up on your credit report. 

That’s why it’s critical to document everything—from suspicious emails to time spent dealing with financial institutions. The better your paper trail, the more likely you are to secure fair compensation.

Another obstacle is that the law provides for recovery of “actual damages,” meaning real financial harm—not just the fear of later harm. This requirement can be a hurdle where there is a potential for harm that has not yet manifested.

What Can I Do as a Victim of a Data Breach in Charleston?

Acting quickly after a breach can make all the difference. The steps you take now could strengthen your case later.

Here are a few practical measures:

  • Monitor your bank and credit accounts for suspicious activity.
  • Freeze your credit to prevent criminals from opening new accounts.
  • Save records of all fraud, including emails and bank statements.
  • Report any suspicious activity to the proper authorities.
  • Speak with a Charleston data breach attorney to understand your legal options.

Taking these steps doesn’t just protect your finances—it also helps your lawyer build the strongest possible case.

Contact Ty Robinson Law Firm Today for a Free Consultation

If your personal information has been compromised, don’t wait until the damage gets worse. For something as personal as your financial and private information, you deserve a lawyer who will take your case seriously.

Attorney Ty Robinson has been helping clients across Charleston, SC, for six years. He’s already recovered millions for people whose lives were upended by negligence or misconduct. At Ty Robinson Law Firm, clients don’t get shuffled into a system—they get personalized attention, clear communication, and dedicated advocacy.

Contact our Charleston data breach lawyer at Ty Robinson Personal Injury & Car Accident Law Firm to schedule a free case review today.

Ty Robinson Personal Injury & Car Accident Law Firm
28 Broad St Suite 204-2
Charleston, SC 29401
(843) 278-2222