Victor Waite | October 29, 2025 | Personal Injury
In Delray Beach, Florida, the amount you can claim for a data breach involving your personal information depends on several factors. The type of harm you suffered, the nature of the data exposed, and the specific legal grounds for your claim under Florida law impact settlements for data breach claims.
Understanding Florida data breach laws and your legal options can help you recover the compensation you deserve for your damages.
What Is a Data Breach of Personal Information?
Unfortunately, data breaches are common in the United States, including in Florida. The Florida Information Protection Act (Florida Statute §501.171) defines a data breach as the unauthorized access to electronic data that contains someone’s personal information.
Your personal injury includes, but is not limited to:
- Biometric data
- Social Security number
- Numbers used by the government to identify individuals, such as a driver’s license number or passport number
- Policy information for health insurance
- Medical history information
- A username or email address combined with the answers to security questions or passwords
- Financial account numbers
- Individual geolocation information
Data breaches can cause harm to individuals in numerous ways. Cybercriminals can use the information accessed through breaches and hacks to open bank accounts, file false insurance claims, steal identities, and apply for lines of credit.
The victim may incur significant financial losses, emotional distress, and damage to their personal reputation.
Legal Framework Applicable in Florida for Data Breach Claims
There are several laws and regulations in Florida designed to protect individuals in the event of a data breach. Key aspects of Florida’s legal framework for data breach claims include:
Florida Information Protection Act (FIPA)
FIPA expanded the definition of personal data to include additional information, thereby giving consumers greater protection and legal options. The law requires companies or government entities to notify affected individuals within 30 days of discovering the breach.
An additional 15 days may be added for good cause. The entity must also notify the Florida Office of the Attorney General if a data breach impacts 500 or more Floridians. Businesses must take reasonable security measures to protect data.
Failing to do so may give rise to legal claims. Enforcement of FIPA violations can fall under Florida’s Deceptive and Unfair Trade Practices Act (FDUTPA), enabling victims to sue for damages, attorney fees, and court costs.
Florida Deceptive and Unfair Trade Practices Act (FDUTPA)
The law prohibits unfair or deceptive trade practices related to data security and breach notifications. It provides a legal basis for individuals harmed by a breach to pursue compensation.
Health Insurance Portability and Accountability Act (HIPAA)
Applies federally and is enforced in Florida concerning breaches involving medical or health information. HIPAA imposes strict notification and privacy requirements.
Types of Damages You Can Claim for a Data Breach in Delray Beach, FL
Victims of data breaches in Florida may seek compensation for economic and non-economic damages, including:
- Out-of-pocket costs such as credit monitoring, identity theft protection, and fraud resolution services.
- Financial losses resulting from fraud, unauthorized charges, increased insurance premiums, and identity theft.
- The time and inconvenience they spend remedying errors, monitoring accounts, or dealing with fraud.
- Emotional distress caused by identity theft, privacy invasion, or financial harm.
The amount you may receive for a data breach claim depends on the factors involved in your case. The type of claim, the relevant law, and the amount of your losses impact the value of a data breach claim.
Do You Have a Legal Claim for Data Breach?
To pursue a claim seeking compensation for a data breach, you usually need evidence proving:
- Confirmation that your personal data was exposed in a breach.
- You incurred actual harm, such as financial loss or emotional distress.
- The company or government entity failed to protect your data, including through negligence and/or failure to comply with data breach laws and regulations.
- Compliance with any filing deadlines required by the breach notice or class action.
You may file an individual lawsuit against the party responsible for the data breach. Some data breaches result in class-action lawsuits against the parties. A Delray Beach personal injury lawyer can explain your legal options after reviewing your case.
Seeking Legal Help for a Data Breach Claim in Delray Beach, FL
For residents of Delray Beach, FL, these laws provide a framework to seek compensation after a data breach. Compensation amounts vary widely based on documented losses and the nature of the claim.
Consulting with an experienced attorney at The Injury Law Firm, PA can help identify your rights, gather evidence, and maximize any claim for damages resulting from unauthorized disclosure of your personal information.
If you’ve been injured in Delray Beach, and need legal help, contact our Delray Beach personal injury lawyers at The Injury Law Firm, PA to schedule a free consultation.
The Injury Law Firm, PA.
301 W. Atlantic Ave, Suite O-1, Delray Beach, FL 33444
(561) 800-4357
