Author Archives: Patrick Mallon

About Patrick Mallon

Patrick Mallon (BA, PgDl) is a Grade A personal injury solicitor and head of our EL/PL department, which handles accidents at work and public liability claims, such as slips, trips and falls. He qualified in 2005 and has over 20 years of experience. Patrick is an expert No Win No Fee lawyer and well-known for his successful case, Billie Mae Smith v McDonalds. You can learn all about Patrick, his qualifications and his experience as a solicitor here. Get in touch today for free to see how Patrick and the team can help you.

A Guide To Claiming Special Damages In Cycling Accident Claims

If you have been involved in a road traffic accident as a cyclist that was another road user’s fault, you might be wondering whether you can claim special damages in cycling accident claims. Special damages is the head of claim that compensates you for the financial losses that the accident and your subsequent injuries have caused you.

In order to claim, special damages, you must first have an eligible personal injury claim. We start this guide by explaining when someone could have a valid cycling accident claim. Then, we delve into what is categorised under special damages and what losses you could potentially claim compensation for under this head of loss.

The penultimate section of this guide looks at the benefits of claiming with one of our specialist solicitors with a No Win No Fee agreement in place. Our solicitors have years of experience in representing claims for cycling accidents. They can give you free legal advice and support throughout the bicycle accident claims process. To see whether you can be connected with one of our solicitors, please get in touch with our advisors and have a chat about your circumstances. All of our contact options are free of charge and live 24/7:

A bicycle underneath the driver's side wheel of a blue car on the road.

Jump To A Section

  1. Special Damages In Cycling Accident Claims
  2. Medical Bills And Treatment Costs
  3. Lost Wages, Income, Benefits And Earning Capacity
  4. Property Damage Compensation
  5. How To Claim Special Damages In Cycling Accident Claims On A No Win No Fee Basis
  6. Learn More About Claiming Special Damages

Special Damages In Cycling Accident Claims

If you have been injured in a road traffic accident as a cyclist, you may be able to receive compensation for the financial losses your injuries have caused you to suffer under special damages. However, to be eligible to receive special damages, you must have a valid bicycle accident claim.

Every road user owes a duty of care to one another. This includes drivers, cyclists, and pedestrians. This duty of care requires road users to use the roads responsibly and safely to reduce the chance of themselves or another road user becoming injured. As part of their duty of care, all road users should adhere to the regulations in the Road Traffic Act 1988 and the specific rules set out for them within The Highway Code.

If you were to be involved in a road traffic accident as a cyclist, this could cause you to suffer from minor to very serious injuries. For example, cyclists could suffer head injuries if they were to be hit by a car that was not paying attention to the road due to being distracted by their phone.

So, if you were involved in a cycling accident, you must meet and prove this eligibility criteria if you wish to claim compensation:

  1. You were owed a duty of care by another road user.
  2. They breached their duty of care.
  3. Due to this breach, you suffered harm.

Special Damages vs. General Damages

Special damages and general damages are the two heads of claim that could make up the compensation amount for successful cycle accident claims.

Firstly, special damages compensate for the past and future monetary losses you have incurred due to the injuries you suffered in the cycling accident.

On the other hand, general damages compensate for the physical and psychological injuries you have sustained in your cycling accident.

While general damages will always be awarded for successful bicycle accident claims, special damages will only be awarded occasionally. This is why if you wish to receive a special damages payout, you must gather evidence to show your out-of-pocket expenses. Evidence can include payslips, invoices, bank statements, and receipts.

Get in touch with our team to learn more about how much compensation can be awarded for general damages and special damages in cycling accident claims. You can also continue reading this guide for examples of monetary losses which you could potentially claim compensation for under special damages.

A red gavel on top of money notes spread out in a fan shape on a brown oak table to represent personal injury compensation.

Medical Bills And Treatment Costs

Medical expenses could be claimed under special damages in cycling accident claims. However, as aforementioned, you will need to demonstrate that these medical expenses directly resulted from your injuries.

Some examples of medical expenses you could claim compensation for include:

  • The cost of medication such as painkillers and prescriptions.
  • Physiotherapy costs.
  • Care costs if at-home or other care is needed.
  • Medical expenses if you are treated under private healthcare.
  • Travel costs of getting to and from medical appointments.

If you have any questions about special damages that could be claimed within bicycle accident claims, you can contact a friendly member of our advisory team.

Lost Wages, Income, Benefits And Earning Capacity

 

If you have been unable to go to work because of injuries sustained in a cyclist accident, you could claim compensation under special damages for any wages, income, and other workplace benefits you have lost.

You could also receive compensation for a future loss of earnings. For example, the nature of your injuries may mean that you are unable to return to work or have to take on a new position that pays you less than your previous role because you are unable to perform those particular work duties anymore. These future lost earnings could be taken into account when claiming compensation.

To see how much compensation you could possibly be awarded for a loss of earnings, don’t hesitate to speak with our team. They can also help answer any questions you may have about the bicycle accident compensation claims process.

A cyclist lay sideways on the road behind their bike with a bleeding knee following an accident.

Property Damage Compensation

You could receive a payout under special damages for any damage to your bicycle or other personal property if the damage occurred as a result of the accident. For example, if your bicycle needs repairs and if your protective gear needs replacing.

It is important to note, however, that the aim of special damages is to restore your financial position to what it originally was before the accident. For example, you cannot expect to receive the costs of a brand-new bicycle if the one that was damaged was old and second-hand.

Because of this, some items might need valuating for a fair payout to be decided if you are claiming property damage compensation.

To find out more about special damages in cycling accident claims and what you could possibly be entitled to following a bicycle accident that was another road user’s fault, contact us today.

How To Claim Special Damages In Cycling Accident Claims On A No Win No Fee Basis

After discussing the eligibility of your cycling accident compensation claim with one of our advisors, they may then put you in contact with a personal injury solicitor.

Our team of specialist solicitors have years of experience helping clients claim general and special damages in cycling accident claims. Additionally, they usually offer to represent their clients on a No Win No Fee basis by offering them a Conditional Fee Agreement (CFA).

When claiming with a solicitor under this arrangement, you do not have to pay for your solicitor’s services upfront. You also do not need to pay them for their ongoing work while the claim is processing. If the claim fails, you will not need to pay them for the services they have provided.

Instead, a success fee will be taken from you if you have a successful claim. Success fees are a percentage of your compensation that your solicitor deducts. However, the maximum percentage that solicitors can take is legally capped, so you are guaranteed to receive the majority amount.

Talk To Our Specialist Team Today

Have a chat with our team of advisors today if you have suffered harm as a cyclist to see whether you may be eligible to make a personal injury claim. Our team can tell you more about how to receive general damages and special damages in cycling accident claims. They can also inform you whether one of our No Win No Fee solicitors could help you withing claiming compensation. Contact our team today via one of the following methods:

A client asking a solicitor about claiming special damages in cycling accident claims.

Learn More About Claiming Special Damages

Browse some of our similar guides:

Additional external links you may find helpful:

  • Gov.UK – learn whether you could receive Statutory Sick Pay (SSP) for needing time off work following your road traffic accident.
  • NHS – information on how to view your GP health record to help prove how you have been harmed from an accident that wasn’t your fault.
  • THINK! – a road safety campaign that has advice about cycle safety.

Thank you for taking the time to read our guide today about claiming special damages in cycling accident claims. If you were in a bicycle accident and have any questions at all about a potential claim, please don’t hesitate to contact us today.

Can I Make A Password Data Breach Claim?

Most of us have login credentials for at least one if not several different services. However, when these credentials are exposed, it can put our personal data at risk. That’s why we have created this guide to making a password data breach claim.

We examine the organisations that have obligations to protect your personal data under data protection legislation, and when you could be eligible to claim compensation if they fail to uphold their legal requirements.

You will also see information on the types of damage you could be awarded compensation for following a successful personal data breach claim and how data breach compensation figures are reached. The final section of our guide focuses on the No Win No Fee contract our highly experienced data breach solicitors can offer their services under.

For more information or to get a free assessment of your eligibility to claim, contact our advisors today. You can get in touch at any time using the contact information given here:

  • Call us on 0800 073 8804.
  • Start your claim online by completing the form here.
  • Use the live chat button at the bottom of the screen.

A hacker reaching for a password made vulnerable by violations of data protection law.

Select A Section

  1. How To Make A Password Data Breach Claim
  2. What Are Password Data Breaches?
  3. What Are The Impacts Of A Password Data Breach?
  4. How Much Data Breach Compensation Could You Claim?
  5. Can You Claim For A Personal Data Breach On A No Win No Fee Basis?
  6. Further Guidance On Making A Password Data Breach Claim

How To Make A Password Data Breach Claim

In the UK, information rights are upheld by the Information Commissioner’s Office (ICO). The ICO have powers to investigate, reprimand, and impose fines on organisations that violate their obligations under data protection legislation. The two key pieces of which being the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA).

There are three distinct parties specified under Article 4 of the UK GDPR. These parties are:

  • The data controller: the organisation that decides when, why and how your personal data will be processed.
  • The data processor: an external agency contracted to process personal data on a controller’s behalf. We should specify that not all data controllers will use external processing services and may choose to conduct data processing themselves.
  • The data subject: The identified living individual to whom personal data is related.

Controllers and processors must adhere to the UK GDPR and DPA. Failure to do so could lead to a personal data breach which the ICO defines as a security incident where the confidentiality, integrity or availability of personal data has been compromised.

In order to begin a password data breach claim you will need to show that either the data controller or processor engaged in some positive wrongful conduct that violated their legal duties under the UK GDPR. You will also have to demonstrate that their conduct caused a data breach in which you suffered monetary losses, psychiatric harm or both in order to claim data breach compensation.

Our dedicated advisory team can offer free legal advice, and also assess your eligibility to begin a data breach compensation claim. Contact an advisor today using the details provided above. 

What Are Password Data Breaches?

Passwords are combinations of letters, numbers and special characters used as login credentials for various sites, apps and other services, such as online banking.

A password data breach occurs when a password or other security credentials have been exposed. The loss of a password in itself may not specifically be grounds for a claim, due to additional security features such as two-factor authentication and suspicious activity alerts. 

However, if the loss of the password results in the personal data behind it being accessed by unauthorised persons, then you may have grounds to claim if your case meets the other eligibility criteria.

Talk to our advisors today for further information on this type of data breach.

What Are The Impacts Of A Password Data Breach?

Personal data is information that can be used to directly or indirectly identify a living individual. There is, therefore, a broad range of information that could be classed as “personal data”, but some examples include your name, contact information, address and bank and credit card details.

The UK GDPR also details “special category” of personal data, data that is deemed to be of greater sensitivity and, subsequently, demands a higher standard of protection. Examples of special category data can include sensitive date such as health data, information relating to political or religious views, trade union membership or data concerning race and sexuality. 

All the examples of personal data given can be protected by passwords. If those passwords are compromised, then you could potentially suffer financial harm and lose money, or suffer considerable psychological distress due to sensitive personal information being exposed. For example, an email containing your online bank account password could be sent to the wrong email address in human error resulting in someone gaining access to your online accounts. This could lead to both financial loss in the form of stolen funds as well as stress and anxiety.

You can discuss your particular circumstances further with one of our friendly and dedicated advisors. Not only can the team answer any questions you may have regarding the password data breach claims process, they can also assess the validity of your potential claim free of charge. Talk to a team member today using the contact information provided below.Passwords being stolen from a laptop due a lack of adequate security measures.

How Much Data Breach Compensation Could You Claim?

Compensation for a data breach can be awarded for both material and non-material damage. Material damage refers to monetary losses that stem from the personal data breach. This can include money being stolen directly from your account or pension, fraudulent purchases being made using your funds as well as the knock-on impacts on your credit score.

Non-material damage refers to psychiatric harm. A personal data breach can be a very distressing time, and you can claim compensation for these psychological consequences.

Calculating a potential compensation figure is a task one of our solicitors could help with if you choose to instruct them to represent your password data breach claim. The legal team who are assigned this particular duty can make reference to any medical evidence alongside the guidelines from the Judicial College when valuing the non-material damage aspect of your settlement.

Commonly referred to as the JCG, this highly detailed publication contains compensation guidelines for various different injuries. We have used the JCG figures, with the exception of the top entry, to fill out our table here.

Compensation Table

Please be advised that the figures from the Judicial College Guidelines are not guaranteed sums. We, therefore, cannot guarantee a specific value for data breach compensation claims.

InjurySeverityGuideline Compensation ValueNotes
Very Serious Mental Harm with Significant Material Loss.Very SeriousUp to £250,000 and aboveThe injured person will have experienced very serious psychological distress as well as material damage such as lost earnings, money being stolen from their accounts and an adverse impact on their credit score.
General Psychiatric DamageSevere (a)£54,830 to £115,730Severe problems affecting multiple areas of the injured person's life. The prognosis will be very poor.
Moderately Severe (b)£19,070 to £54,830Significant problems across various aspects of daily life including, work, personal relationships and education, although the prognosis will be more optimistic.
Moderate (c)£5,860 to £19,070A good prognosis and marked improvement.
Less Severe (d)£1,540 to £5,860Award levels will consider the length of the disability period as well as the impact on daily activities and sleep.
Post-Traumatic Stress Disorder (PTSD)Severe (a)£59,860 to £100,670Severe post-traumatic stress disorder involving permanent effects across all aspects of life that prevent the person returning to a pre-trauma level of functionality.
Moderately Severe (b)£23,150 to £59,860Significant disability for the foreseeable future even with professional help, although there will be a better prognosis than in (a).
Moderate (c)£8,180 to £23,150Cases involving a large scale recovery and no gross disablement stemming from any continuing effects.
Less Severe (d)£3,950 to £8,180Virtual recovery after one or two years with only minor symptoms persisting over longer periods.

Material Damage

As we said above, material damage refers to financial losses. In addition to theft or fraud, you could also receive compensation for a loss of earnings if you need time off work to recover from psychiatric harm. 

You need to provide evidence on any monetary damage. As such, you should keep hold of bank statements, credit reports, and wage slips to provide in support of your case.

This section is intended to provide you with guidance on how data breach compensation is calculated. To get a more in depth estimate of what you could potentially claim in your particular circumstances, contact our advisors today. 

Can You Claim For A Personal Data Breach On A No Win No Fee Basis?

If you have suffered material or non-material damage as a result of your password and personal data being exposed due to the positive wrongful conduct of a data controller or processor, you may be eligible to begin a password data breach claim. 

Our team can assess the validity of your potential claim for free. If they deem your claim is valid, they could put you in touch with one of our expert data breach solicitors. Our solicitors can offer legal services under a Conditional Fee Agreement (CFA), a type of No Win No Fee contract.

The CFA gives claimants some key advantages. For example, you will not be paying the solicitor to begin working on your case or during the actual claims process, in most circumstances. There will likewise be no fee to pay for their work should the claim fail.

A successful claim will see you awarded a data breach compensation payout. Before your claim gets underway, you and the solicitor will agree to a success fee, payable as a percentage of your compensation should the solicitor win your case. Because the maximum percentage that can be charged for this success fee is legally capped, claimants will keep most of their compensation.

At Legal Expert, our advisors are available around the clock to address any concerns you may have and provide further guidance regarding claiming compensation. The team can offer a free consultation regarding your eligibility to claim compensation so get in touch today using any of the following details:

  • Call us on 0800 073 8804.
  • Start inquiring about your claim online by completing the form here.
  • Use the live chat button at the bottom of the screen.

A solicitor and his client discussing a password data breach claim.

Further Guidance On Making A Password Data Breach Claim

We have included these links to some of our other data breach claims guides:

  • You may be eligible to claim for a personnel records data breach if your employer failed to adequately protect your personal data. Learn more in our helpful guide.
  • An energy company data breach could put a significant amount of your personal data at risk. Read more about claiming compensation with this guide.
  • If your banking details were breached, you could experience substantial financial impacts. Find out if you could claim compensation here.

You can also browse these external resources for additional information:

Thank you for reading this guide to making a password data breach claim. You can get further advice by speaking to one of our friendly advisors. The team can also assess your eligibility to claim for additional charge. Get in touch today using the contact information provided above.

How Can I Claim For A Care Worker Data Breach?

Are you a patient who’s had your personal data breached by a care worker? If so, you might be wondering how to claim for a care worker data breach. Health and care organisations have a responsibility to protect the personal data of data subjects by law. If these organisations fail to comply, a care recipient’s personal data could be exposed. This can lead to serious consequences for the care recipient’s mental well-being and financial security. 

In this guide, we first discuss what data protection law outlines an organisation’s responsibilities and when you could be eligible to make a data breach claim. Then, we look at examples of what types of personal data may be exposed if care worker data breaches occur.

Additionally, we explore what types of evidence could support your case and how much compensation could be awarded for suffering damage due to a data breach. 

At the end of this guide, you can discover how one of our No Win No Fee data breach solicitors could help you seek compensation for a care worker data breach, what services they offer, and how this may benefit you. 

We have a team of advisors available to help 24/7. By getting in touch with our team, you can discuss your circumstances and confirm whether you can be connected with a solicitor. Our team of advisors provide legal advice for free so to get in touch, why not:

An elderly woman smiling sat down holding hands with a young female carer also smiling sat down, wearing a green uniform.

Jump To A Section

  1. How To Claim For A Care Worker Data Breach
  2. What Data Do Care Workers Have Access To?
  3. Evidence Supporting Medical Data Breach Claims
  4. Estimated Payouts For A Care Worker Data Breach
  5. Could I Claim For A Care Worker Data Breach With A No Win No Fee Solicitor?
  6. Find Out More About Healthcare Data Breaches

How To Claim For A Care Worker Data Breach

An organisation that decides why and how your personal information should be processed are called data controllers. Data controllers may also process your personal information. If they do not process your personal information themselves, then they can outsource this task to an alternate third party known as a data processor. 

Two pieces of legislation outline the legal responsibility that data controllers and processors have to ensure that personal information is safely stored, handled, and processed. These are the Data Protection Act 2018 (DPA) and the UK General Data Protection Regulation (UK GDPR).

If data controllers or processors fail to comply with these laws, this is known as wrongful conduct. Sometimes, wrongful conduct can lead to a personal data breach. Personal data breaches can be defined as a security incident that compromises the availability, confidentiality, and integrity of personal data. The Information Commissioner’s Office (ICO), an independent body upholding information rights within the UK, provides this definition of personal data breaches. 

The criteria that must be met to have an eligible medical data breach compensation claim are established in Article 82 of the UK GDPR:

  • Either the data controller or data processor did not comply with their responsibilities set out under data protection law.
  • Due to this, your personal information was exposed in a data breach. 
  • From the breach, you suffered emotionally and/or financially. 

Time Limits For Starting A Data Breach Claim

You are also only eligible to make a claim if you are within the data breach compensation claims time limit, which is:

  • Typically, 6 years. Or,
  • 1 year if your claim is against a public body. 

Speak with our team as soon as possible to determine whether your potential claim for a care worker data breach is eligible and how long you have to start legal proceedings. 

The words 'data breach' written on the backspace of a keyboard. The backspace is bright pink, the word 'data' is in lime green and the word 'breach' is in black.

What Data Do Care Workers Have Access To?

Any information that can be used to identify who you are is personal data. For example, your:

  • Name
  • Postal address
  • Email address
  • Debit or credit card details

Some types of personal data are considered special category data. Special category data is information that is more sensitive and requires more protection. For example, data concerning your sexuality or sexual orientation, your health, such as medical data, or data revealing your racial origin or ethnicity

These are all examples of personal data that care workers could have access to and could therefore be involved in a care worker data breach. For example, if a healthcare organisation failed to provide the care workers employed with them with data protection training, and they then went on to compromise the personal data of a patient, it could lead to the patient suffering financial loss and/or mental harm.

Please feel free to have a chat with our advisors about which of your specific personal information was compromised in a data breach. 

Evidence Supporting Medical Data Breach Claims

Different types of evidence can prove that there was a failure to adhere to data protection laws. And, from this, your personal information was compromised in a breach, leading to you suffering financial and/or emotional damage. 

Thus, here are the types of evidence you should try and provide:

  • Correspondence between you and the organisation about the breach. This could include emails or a letter of notification. If a data breach has compromised your freedom and rights, the organisation has a duty to inform you of the breach without undue delay with a letter of notification. They also have a duty to inform the ICO that a data breach has occurred within 72 hours of them becoming aware that it happened. 
  • Findings from an ICO investigation. You can report the incident to the ICO if you haven’t had a response from the organisation or the response they provided was inadequate. The ICO may then choose to investigate. Their findings after the investigation can be used as evidence.
  • Medical records that show how you have suffered psychologically since the data breach occurred. You could also keep a symptoms diary as evidence of your emotional effects following the data breach. 
  • Financial records that show the monetary impact the data breach has had on you, such as bank statements. 

Our experienced solicitors can help you collect evidence as part of the services they provide if you are eligible to pursue compensation. If you get in touch, an advisor can offer further information on our solicitor’s services and may connect you if you have a valid claim for a care worker data breach.

A home health care worker giving a glass of orange juice and a bowl of cereal on a tray to an adult woman sat on a sofa.

Estimated Payouts For A Care Worker Data Breach

If you have a successful claim for a care worker data breach, you could receive compensation for up to two types of damage, called material and non-material damage. You do not need to have suffered both types of damage to receive data breach compensation. 

Non-material damage is the psychological harm you have suffered due to your personal information being breached. For example, if you develop a mental health condition like emotional distress, anxiety, depression, or Post-Traumatic Stress Disorder (PTSD).

The Judicial College Guidelines (JCG) and medical evidence may be referred to while the value of your non-material damage is being calculated. 

The JCG contains different types of psychiatric injuries and guideline compensation brackets for each. 

Compensation Table 

We have provided a table containing different types of psychological harm and their accompanying guideline compensation brackets. Except for the first row, all of the information has been taken from the JCG. Please remember that since all claims are unique, no specific amount of data breach compensation can be guaranteed for your case. 

HarmSeverityGuideline compensation bracketsNotes
Very severe mental damage with significant financial lossesVery severe Up to £150,000+Compensation for very severe mental health damage with substantial financial losses. This can include lost wages.
Psychiatric damageSevere (a)£54,830 to £115,730The person will have marked problems that have an impact on several areas of their life, including their ability to cope with work, their future vulnerability, and their relationships. Plus, the prognosis is very poor.
Moderately severe (b)£19,070 to £54,830The person will have significant problems affecting multiple areas of life. However, the prognosis will be a bit more optimistic.
Moderate (c)£5,860 to £19,070There will be a marked improvement due to trial with the issues such as above. The prognosis will also be good.
Less severe (d)£1,540 to £5,860The extent to which sleep and daily activities are affected, plus the period of disability, will be considered for this award.
Post-Traumatic Stress Disorder (PTSD)Severe (a)£59,860 to £100,670Permanent effects to all aspects of the person's life will prevent them from working or functioning at anything like the pre-trauma level.
Moderately severe (b)£23,150 to £59,860The effects will likely cause significant disability for the foreseeable future, however due to some recovery from professional help, the prognosis will be better.
Moderate (c)£8,180 to £23,150Continuing effects are not grossly disabling and there will be a large recovery.
Less severe (d)£3,950 to £8,180A virtually full recovery within 1-2 years with only minor symptoms lasting beyond this time.

What Is Material damage In A Personal Data Breach Claim?

Material damage is the financial losses you have suffered due to your personal information being breached. For example, you may have suffered a loss of earnings because you needed time off work to recover from the stress of the data breach.

Providing evidence of the finances you have lost due to a personal data breach is essential. So, please keep hold of payslips, bank statements, and other documents that can help prove the losses. 

For more information about how much data breach compensation could be given for a successful claim, contact our team. 

Could I Claim For A Care Worker Data Breach With A No Win No Fee Solicitor?

If you contact our team of advisors, you may be able to claim for a care worker data breach with us. If you do have an eligible data breach claim, you could be offered a Conditional Fee Agreement (CFA) by one of our No Win No Fee solicitors

When you claim compensation with a CFA, you will not be asked to make upfront or ongoing payments for your solicitor’s services. Furthermore, these payments will not need to be made if your claim is unsuccessful. 

On the other hand, if your medical data breach claim does end up successful, then there will be a success fee taken out of your compensation instead. A success fee is taken as a percentage. There is a maximum cap to what this percentage can be by law. So, you will receive the majority of the data breach compensation awarded to you. 

Contact Our Team About Claiming For A Data Breach Today

Get in touch with our team today to potentially begin the data breach claims process. If they find you have a valid claim, they can connect you with one of our specialist data breach solicitors who can provide you with free legal advice if you are suffering emotionally and/or financially due to a data protection breach. Here are our contact details:

A solicitor working on a claim for a care worker data breach.

Find Out More About Healthcare Data Breaches

Here are some of our similar articles:

Here are a few external resources which may be of use to you:

We hope that this guide on how to claim for a care worker data breach has been helpful to you. Please remember that our team can help to answer any questions if you call on the number above. 

We Explore How Data Breaches Happen And When You Can Claim Compensation

In this guide, we’ll explore how data breaches happen. The personal data of UK residents is protected under the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA). The Information Commissioner’s Office (ICO) helps to enforce this legislation.

However, if data controllers and data processors fail to comply with these laws, should this lead to a breach of a data subject’s personal data, then they could be liable if any harm is suffered. Therefore and in accordance with Article 82 of the UK GDPR, a data subject could then go on to file a personal data breach claim.

Generally, a data subject is you, a person who has their personal data processed. A data controller decides the purposes for which and the means by which personal data is processed. This is usually an organisation such as your employer, the bank you use, a hospital or GP surgery, or anyone who processes your personally identifiable information. They can either instruct a data processor to process it on their behalf or do the processing in-house. 

Our guide will discuss how data breaches happen and the steps you could take should your personal information be compromised in a breach. We’ll also talk about data breach compensation, how to support a claim with evidence, and how an expert solicitor could help you. 

Contact Our Team

Our team are here to help. If you have any more questions or would like to start a data breach claim, contact us today.

To get started:

Blue cubes with padlocks and the text data breach sit on a dark blue background

Select A Section

  1. What Is A Data Breach?
  2. How Data Breaches Happen
  3. How Could A Data Breach Impact You?
  4. What Can I Do If My Data Has Been Breached?
  5. How Can A Solicitor Help Me?
  6. Where Can I Learn More About How Data Breaches Happen?

What Is A Data Breach?

Before we define a data breach, we should define personal data. This is any information that could be used to identify you as a living person; for example, this could include your postage address, email address, or phone number.

Within personal data exists special category data. This data needs extra protection under the laws mentioned above as it is more sensitive. Special category data can include personal information relating to your health, gender, sexual orientation, or ethnicity. 

According to the ICO, a personal data breach occurs when the security, integrity, or availability of your personal data is compromised in a security incident. A breach of personal data could happen through human error, or it could be a deliberate action such as a cyber-attack. 

A breach of your personal data can impact you in a number of ways, with serious consequences to both your finances and your mental health. Read on to learn more about how data breaches happen, or contact our team to find out what you could do if a breach affected your data.

How Data Breaches Happen

Now that we’ve discussed what a data breach is, we can explore how they happen. Data breaches occur in a number of ways, including:

  • Lack of data breach prevention training: Failing to train staff on how to prevent data breaches when handling personal data, especially when they have access to personal/sensitive data, can lead to a human error data breach.
    • For example, a GP receptionist could leave a patient file open on a public-facing desk. Patient files can contain sensitive or confidential information as well as personal data.
  • Stolen or lost devices: Devices that aren’t properly locked away or secured can be lost or stolen, allowing others to gain unauthorised access to personally identifiable information.
    • For example, if your employer left a laptop on a train that contained employees’ employment files, whoever found it may be able to gain access to lots of personal infomation of employees.
  • Poor cybersecurity: Poor cybersecurity can mean cybercriminals bypassing network security remotely and stealing data. Stolen data can then be used by cybercriminals to commit identity theft.
    • For example, if an organisation fails to use up-to-date cyber security defence walls, personal details such as bank account numbers, phone numbers, and national insurance numbers can be stolen and sold on the dark web for financial gain.

These are just a few examples of how a data breach can happen. If you’d like to find out what steps you could take after being harmed in a data breach, contact our team today.

How Could A Data Breach Impact You?

A data breach can impact you in several ways, both mentally and financially. First, we’ll discuss the potential psychological effects of a breach.

Data breach victims could suffer from psychological injuries as a result of their personal or personally sensitive data being exposed or stolen, especially when the compromised data is of a very personal nature. Plus, it can exacerbate existing mental health conditions.

For example: A social worker accidentally sends a file containing the personal data of a woman and her children to the abusive ex-partner. The file contains new contact details of the family which the ex-partner now has access to. This causes the family great distress and anxiety.

What Are The Financial Impacts Of A Data Breach?

Data breaches can also have a financial cost. Stolen or compromised credentials, such as bank account numbers, credit card details, and tax information, can be used to steal money from bank accounts or lead to identity theft.

A breach of personal data could also lead to a loss of wages if you need to take time off work to recover from the psychological effects of the breach. As with our example above, data breaches can lead to people needing to relocate or change their identity, all of which can cost them significantly.
Two wooden blocks reading data breach sit on a desk beside notebooks and a magnifying glass

If you’ve been affected by a data breach, contact our team today. They can offer more information on the next steps you can take.

What Can I Do If My Data Has Been Breached?

If your personal data has been breached, you might be wondering what to do. One option could be to claim compensation. In some cases, following a breach, you may be able to claim compensation for the psychological injuries you have sustained, as well as the financial losses.

However, in order to form the basis of a valid claim, you must be able to prove that:

  • The organisation responsible for your personal data failed to keep it secure.
  • This resulted in a data breach that affected your personal data.
  • As a result, you suffered mental or financial harm

If you can prove that your case meets these criteria, then you may be able to claim compensation. Contact our team today to find out how a compensation claim could benefit you, or read on to learn how one of our solicitors could help.

How Can A Solicitor Help Me?

Now that you know more about how data breaches happen, you might be wondering how a solicitor could help you. If you were harmed in a data breach because the organisation did not comply with data protection laws, then you may want to make a compensation claim. Although you aren’t obligated to work with a solicitor, instructing one to work on your claim can make the process feel less stressful and come with many benefits.

For example, a solicitor can help you gather evidence to support your claim. They can also explain any legal jargon that appears, or explain any areas of the claims process that you don’t understand. Plus, they can help you negotiate a settlement that feels right for you. 

What Is A No Win No Fee Solicitor?

Our solicitors work under Conditional Fee Agreements (CFAs), which means that they are No Win No Fee solicitors. When you work with a No Win No Fee solicitor, you don’t need to pay them an upfront fee to start work on your data breach claim. Similarly, you aren’t required to pay for their services if your claim doesn’t succeed.

However, in the event of a successful claim, your solicitor will take a success fee. They’ll deduct this fee immediately from your compensation as a percentage, though this percentage is limited by a legal cap. The legal cap helps to make sure that you keep the larger portion of your compensation. 

a solicitor explains how data breaches happen to a client

Contact Our Team

Our team of advisors is available 24/7 and can answer any questions you might have about the claims process and how data breaches happen. When you get in touch, they’ll offer a free consultation, during which they can tell you whether or not you are eligible to make a claim. If you are, they may then connect you with one of our solicitors.

To get started:

Where Can I Learn More About How Data Breaches Happen?

For more helpful resources, we recommend:

Read More Helpful Guides

Thank you for reading our guide on how data breaches happen. Contact our advisors today if you’d like to learn more.

A Guide To A Medical Negligence Claim For Medication Errors In Healthcare

In this guide, you will find out how to make a compensation claim for medication errors in healthcare. Firstly, we explain what a medical professional’s duty of care is and what criteria must be met in order to be eligible to begin making a medical negligence claim. 

Then, we look at examples of types of medication and prescription errors in healthcare and ways in which healthcare professionals can be negligent. Furthermore, we look at how to prove medical negligence happened to you and how you have suffered from being given the incorrect medication. 

As you move through this guide, you can find a guideline compensation table and an explanation of how compensation for successful medical negligence claims is calculated. 

Our specialist medical negligence solicitors can offer their services on a No Win No Fee basis.  They can also help with making the prescription error claim process a lot easier for you. To see whether you can talk to one of our solicitors, please have a chat with our team. They are available 24/7 via the following methods:

  • Call 0800 073 8804.
  • Enquire about your potential claim online by entering your details on our form.
  • Message in our live support chat box. 

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Choose A Section

  1. Who Could Claim For Medication Errors In Healthcare?
  2. Causes Of Medication Errors In Healthcare
  3. What Proof Could Help You Claim For A Medication Error?
  4. What Could You Claim For Medication Errors In Healthcare?
  5. No Win No Fee Claims For Negligent Medication Errors
  6. Discover More About How To Claim For Medication Errors In Healthcare

Who Could Claim For Medication Errors In Healthcare?

A prescription or medication error compensation claim could be made if there is proof that medical negligence occurred. Medical negligence happens when a medical professional or health care provider causes a patient under their care to suffer avoidable harm (harm that should have been prevented) due to them breaching their duty of care. 

Every medical professional or healthcare provider must always deliver the correct standard of care to every patient that they treat. This is known as their duty of care. If a medical professional ever delivers a standard of care that falls below the minimum standards that are expected of them, then this is a breached duty of care. 

Thus, here are the eligibility criteria you must prove to make a medical negligence claim for a medication error:

  1. You were owed a duty of care. 
  2. A medical professional or healthcare provider such as a pharmacy breached their duty of care. 
  3. Because of this breach, you suffered avoidable harm. 

Speak with our team to discuss your medication error claim eligibility and confirm whether one of our specialist solicitors can represent you. 

How Long Do You Have To Claim For A Medication Error?

The Limitation Act 1980 states that you generally have 3 years to begin making a prescription error claim. These 3 years commence from the date medical negligence occurred or the date of awareness that medical negligence occurred. 

The only exceptions to this time limit are if the claimant does not have the mental capacity to claim or if they are under the age of 18. For these cases, the time limit is suspended. 

While the time limit is paused, medication error compensation claims can be pursued by a litigation friend (if one is appointed). However, if the claimant regains their mental capacity or turns 18 and a claim has not been pursued for them by a litigation friend, then the 3-year time limit will commence. 

To learn more about the limitation period for making a claim for medication errors in healthcare, contact us. We will answer your queries. 

Causes Of Medication Errors In Healthcare

Here are just a few examples of some effects and causes of medication errors in healthcare due to a healthcare professional breaching their duty of care:

  • Wrong dosage. A healthcare professional in a nursing home could administer too much medication because they accidentally read the patient’s notes wrong. Therefore causing an accidental overdose from the wrong dosage. 
  • Wrong medication. Your GP fails to put your allergies on your medical record. So, although you have already disclosed your allergy to penicillin, they prescribe you amoxicillin. The allergic reaction to the medication leads to anaphylaxis. 
  • Misdiagnosis. Despite you having symptoms for one condition, you are diagnosed with another condition as you are not referred for further testing. You, therefore, experience a delay in the correct treatment, making your condition worse. 
  • Prescription errors. Due to an error in the pharmacy, your medication is mislabelled as another patient’s. You thus receive the prescribed medication meant for someone else.

A medication error can happen in a variety of settings. For example, due to dental negligence, care home negligence, hospital negligence, or walk-in centre negligence. Also, not all medication errors will be the result of negligent actions. To have an eligible medical negligence claim following a medication error, it must be proven that the error happened because of a breached duty of care and that this led to you suffering avoidable harm. 

So, you can talk about your specific circumstance with our team to see whether you are able to begin a healthcare negligence claim.

A pharmacist holding a white and green packet of medication and handing it to someone over the counter.

What Proof Could Help You Claim For A Medication Error?

When making a medical negligence claim for medication errors in healthcare, evidence is important to show that the duty of care was breached and what avoidable harm you are suffering as a result:

  • Copies of your medical reports, like scan images. This can show what symptoms you are suffering and the treatments you need.
  • Writing in a diary can also show what symptoms you are suffering and what treatments you need.
  • Photographs of any visible effects of the avoidable harm. 
  • Gather witness details if anyone was present with you whilst receiving an inadequate standard of care. 
  • Officially complain against the healthcare professional who breached their duty of care to you. 

Collecting all the evidence you may need for your case can seem daunting. Our solicitors can help with this. If one of our solicitors represents you, they can collect your evidence as part of their work for you. 

What Could You Claim For Medication Errors In Healthcare?

If you have a successful claim for medication errors in healthcare, your compensation could be made up of up to two different types of loss. 

General damages is the head of loss that compensates you for the physical and psychological effects of the medical negligence you have suffered. Such factors are considered while general damages are being valued:

  • If your quality of life is affected. 
  • How painful your avoidable harm is. 
  • The length of your expected recovery time.

Also, to help with the valuation of general damages, an independent medical assessment may take place during the medication error claims process. Your medical records, and the medical reports derived from this assessment, can be compared to the guidelines in the Judicial College (JCG). The JCG is a document containing guideline compensation values for different physical and psychological illnesses and injuries.

Guideline Injuries Table 

For your guidance, we have provided a guideline compensation table with figures and injuries taken from the JCG. These injuries are just some examples of the avoidable harm that may be suffered from a medication error. However, none of these figures can be guaranteed. 

InjurySeverityGuideline compensation figuresNotes
Multiple types of very serious harm and/or illnesses and special damagesVery SeriousUp to £500,000+An award for the effects of more than one type of serious harm and/or illness, including financial effects like loss of earnings.
Brain damageVery severe (a)£344,150 to £493,000The person will require nursing care full time since there may be only some ability to follow basic commands. Their language function and responses to their environment will also be very little, if that.
Moderately severe (b)£267,340 to £344,150The person will require constant care of some sort since they will be seriously disabled. Disabilities will be physical, like limb paralysis, or cognitive, like a marked impairment of intellect.
KidneyLoss or serious and permanent damage (a)£206,730 to £256,780Of both kidneys.
Significant future risk (b)Up to £78,080Of a urinary tract infection or other complete loss of the kidney's natural function. Cases such as these will carry future substantial medical costs.
Loss of one kidney (c)£37,550 to £54,760The remaining kidney will have no damage.
BowelDouble incontinence (a)Up to £224,790Along with other medical complication, the person will have total loss of natural bowel function and of urinary control and function.
Complete loss of natural function (b)Up to £183,190The person will depend on a colostomy.
Digestive SystemIllness (b)£46,900 to £64,070Severe toxicosis causing serious acute pain, vomiting, diarrhoea, and fever, requiring hospital admission.
Lung Disease Lung Disease (d)£38,210 to £66,920Breathing difficulties including shortness of breath. This requires frequent use of an inhaler. May significantly impact ability to work and limit social life.

The top figure is not from the JCG. 

Special Damages

Special damages is the head of loss that compensates you for the financial effects of the medical negligence you have suffered. Such financial losses that medical negligence could cause you to suffer include:

  • Medication costs. 
  • Loss of earnings if you have missed work. 
  • Travel expenses, like the cost of making your way to and from the hospital for appointments. 

Whilst general damages are always awarded in successful medication error claims, special damages are not. For this reason, it is important to keep hold of any payslips, invoices, and receipts as evidence. 

Contact our team for more information on how much compensation could be awarded for medication error claims.

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No Win No Fee Claims For Negligent Medication Errors

You can be put in contact with a No Win No Fee solicitor of ours if you have a valid medical negligence claim. Whilst there are no obligations to have a legal expert represent your case for you, it is extremely beneficial to have your case represented by a solicitor as they have the knowledge and experience needed to ensure a case is filed correctly and in full, as you cannot go back and make the same claim again if you managed to miss something out. 

All our solicitors work under a Conditional Fee Agreement (CFA). CFAs are the type of No Win No Fee agreement that our solicitors offer.

CFAs are hugely beneficial since fees for your solicitor’s work do not need to be paid up front, throughout the case, or if you are unsuccessful with your case.

If a No Win No Fee medication error compensation claim is successful, a success fee is deducted from the compensation instead. Success fees are a percentage of the compensation, legally capped to ensure you fairly get the majority of your award.

If you have been given the wrong drug or wrong medicine and this has led to you suffering harm, find out now if you could make a compensation claim.

Speaking To Our Team About Your Claim

Our medical negligence No Win No Fee solicitors can take on your case if you are eligible to claim compensation. They have years of experience and can offer you the support you need. To see whether your medical negligence claim is eligible, contact us via:

  • Call 0800 073 8804.
  • Enquire about your potential claim online by entering your details on our form.
  • Message in our live support chat box about No Win No Fee medication error claims

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Discover More About How To Claim For Medication Errors In Healthcare

See our related guides on this site:

Additionally, browse these external resources which you may find helpful:

Thanks for reading this guide today about how to make a claim for medication errors in healthcare. Our services are available 24/7.

How To Claim Compensation For The Big Life Data Breach

On June 29th 2023, various staff and community members of The Big Life Group were notified of a cyber security incident that affected approximately 62,500 people in a personal data breach.

This article examines who may be eligible to claim for the Big Life data breach, as well as compensation claims and an examination of the damage that could be caused by data breaches such as this.

We also examine the advantages of claiming data breach compensation with experienced data breach solicitors like ourselves under the No Win No Fee contract they can offer.

You can talk to our advisory team 24 hours a day for further guidance on the data breach claims process, or to get a free assessment of your eligibility to claim data protection breach compensation. Call us on 0800 073 8804 or start your claim online by completing this form.An illustration of a personal data breach where a cyber criminal is reaching for your password

Browse This Guide

  1. What Was The Big Life Data Breach?
  2. What Data Was Affected?
  3. What Should I Do If Affected By The Big Life Data Breach?
  4. Potential Impacts Of A Data Breach
  5. Claiming Big Life Data Breach Compensation With a No Win No Fee Solicitor
  6. Learn More About The Big Life Data Breach And Compensation Claims

What Was The Big Life Data Breach?

The Big Life Group is a charitable organisation that provides essential services to disadvantaged and vulnerable people across the North West. On June 29th 2023, cybercriminals attempted to gain access to Big Life’s computer files.

According to a statement from Big Life, a remote desktop server was accessed, and some data was stolen. Approximately 62,500 people have been contacted regarded a potential compromise of their personal data.

Personal data breaches are security incidents where the availability, confidentiality or integrity of personal data has been impacted. This definition was taken from the Information Commissioner’s Office (ICO), the UK’s independent body for upholding information rights. 

What Data Was Affected?

Big Life provides mental health and support services to vulnerable and disadvantaged families and individuals across a number of areas.

Personal data is any information that can be used to identify a living individual, referred to as a data subject. 

The Big Life Group hold various forms of personal data, including names, addresses and contact details. While Big Life themselves have not commented on the data affected, we know they have contacted around 62,500 people concerning this data breach.

As Big Life work with communities to provide rehabilitation, HIV and AIDS and mental health support, what the UK General Data Protection Regulation (UK GDPR) defines as “special category data” may have been affected. This is personal data that is regarded as having higher sensitivity and, therefore, demands greater degrees of security. Examples include health data, data concerning trade union membership and information regarding your race and ethnic origin.

Considering the areas Big Life work across, it is possible that of the 62,500 contacted concerning the data breach, some had sensitive personal data stolen. Big Life themselves did not disclose the nature of the information affected by this data breach.

What Should I Do If Affected By The Big Life Data Breach?

Data controllers are required to notify all impacted data subjects as fast as is reasonably possible. There is also a requirement to notify the ICO within 72 hours if the data breach meets the reporting threshold.

If you or a family member/dependent have used Big Life Group services and have not been contacted, it is worth reaching out to Big Life and seeking clarity on the status of your personal data.

It is a data subject’s right to express concern to a data controller regarding the handling or storage of their personal data. Data subjects can also report the controller to the ICO following an unsatisfactory response to concerns. While the issuing of compensation is not in the ICO’s remit, information gathered during their investigation can be used to support any potential claim.

For free legal advice on the Big Life data breach and compensation claims, contact our advisors today using the number provided above.

Potential Impacts Of A Data Breach

There are two types of damage that you can be compensated for in a data breach claim.

Material damage refers to financial losses, such as fraudulent purchases made using your credit card or money being stolen from your bank account.

Non-material damage is the psychiatric harm caused by having your personal data compromised, such as stress or in more severe cases, depression and post-traumatic stress disorder

As Big Life handles services for children, vulnerable and disadvantaged individuals and families across the North West of England, there is a risk that some highly sensitive information could have been affected.

To find out if you could claim Big Life data breach compensation as one of the affected data subjects, talk to our advisors today using the contact information given below.

Claiming Big Life Data Breach Compensation With a No Win No Fee Solicitor

To be eligible to claim Big Life Data Breach Compensation, you will need to show the following:

  • The Big Life Group, in their capacity as the data controller, engaged in positive wrongful conduct that went against their obligation under the UK GDPR.
  • You suffered a psychiatric injury, monetary loss or both as a result of this wrongful conduct.

After you have spoken to our advisors regarding your particular circumstances, they will assess your eligibility to claim data breach compensation. If eligible, one of our experienced data breach solicitors could take on your case under a No Win No Fee contract called a Conditional Fee Agreement (CFA).

What this means for you as a potential claimant is no fees required for the solicitor to start work on your case, no fees for that work during the claims process itself and no fee should your claim fail.

You will only pay a fee, known as a success fee if the solicitor wins your case. The Conditional Fee Agreements Order 2013 caps success fees, so the majority of any compensation award is yours to keep.

For further advice on the Big Life Group data breach or to get a free assessment of your eligibility to claim, contact our advisors today.

You can call us on 0800 073 8804 at any time of day, or begin your claim online by filling out this form, and a member of our team will get in touch.

data breach lawyers examining a personal data breach for their client

Learn More About The Big Life Data Breach And Compensation Claims

We have also provided some additional resources regarding data breaches and protecting your data that you may find useful:

  • Get useful tips and advice for staying safe online through the National Cyber Security Centre’s Cyber Aware programme.
  •  Read the guidance on making a complaint about an organisation’s handling of your personal data on the Government website.
  • Deal with a personal data breach can be a distressing and confusing time. The NHS has provided details of mental health conditions, as well as guidance on accessing support services.

Thank you for reading our guide to claiming Big Life data breach compensation. You can get further advice and guidance by speaking to our advisors using the details provided above. 

How Do You Calculate An Accident At Work Claim?

If you have suffered an injury following an accident at work, you may be questioning if you could claim personal injury compensation. Whether you have suffered minor soft tissue injuries or more severe injuries such as brain damage, this guide answers your questions, such as, “How do you calculate an accident at work claim?” and, “Is my accident at work claim eligible?”.

The first section of this guide discusses what factors contribute to the valuation of a successful personal injury claim. Then, there is a compensation table that looks at guideline personal injury compensation amounts for different kinds of injuries that you could sustain from an accident at work. 

After the compensation table, we discuss when the compensation amount might potentially be reduced. Moreover, we explain the personal injury claims eligibility criteria and when someone is able to begin the process of claiming compensation if they have suffered a workplace injury. 

Towards the end of this guide, you can find out the basis on which our personal injury solicitors work and the advantages of No Win No Fee agreements, should you wish to begin your accident at work claim with us. Our solicitors are legal experts who have crucial knowledge and experience to make the claims process as simple for you as they can. Here are our contact details to speak with an advisor about your potential case:

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Jump To A Section 

  1. How Do You Calculate An Accident At Work Claim?
  2. How Much Could I Claim For A Workplace Illness/Injury?
  3. When Could My Compensation Amount Be Reduced?
  4. Check You Are Eligible To Make An Accident At Work Claim
  5. Talk To Us About An Accident At Work Claim On A No Win No Fee Basis
  6. More Information On How To Calculate An Accident At Work Claim In These Guides

How Do You Calculate An Accident At Work Claim?

To work out how do you calculate an accident at work claim you need to look at the two Heads of Loss that make up a personal injury settlement: general and special damages. 

General Damages

General damages is the head of loss, which compensates for the physical harm, such as soft tissue injury, leg injury or elbow injury, as well as any mental health injuries, such as post traumatic stress disorder. As such, here are some factors of these injuries that are thought about when general damages are being calculated:

  • How extreme the physical pain is. 
  • The length of the recovery time. 
  • How much the quality of life has changed. 

Furthermore, when general damages are being calculated, a report that has come from the independent medical assessment conducted as part of the claims process will be used. The independent medical assessment report plus your medical records may be used alongside the guidelines for the Judicial College (JCG) to help calculate the value of general damages. The JCG contains all sorts of guideline compensation brackets for different kinds of injuries at varying severity. 

Special Damages

Special damages is the head of loss, which provides compensation for any financial losses you incur due to your injury. As such, here are some monetary losses that might be reimbursed under special damages:

  • Loss of earnings for the time that has needed to be taken off work.
  • Home and car adaptations, say if your injuries are permanent. For example, the cost of installing wheelchair ramps throughout your house if you have had both of your legs amputated in a workplace accident. 
  • Medical costs, such as prescriptions. 

General damages are always awarded when a personal injury claim succeeds. However, special damages are not guaranteed to be awarded. Because of this, it is essential to keep the evidence of your injury’s financial impacts. Such evidence includes payslips, invoices, and receipts. 

By speaking with our advisors, you can learn more about how much compensation for an accident at work claim could be awarded. 

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How Much Could I Claim For A Workplace Illness/Injury?

Here is a compensation table for some injuries that could result from a workplace accident. Apart from the top entry, the guideline compensation brackets that are shown have been taken from the JCG. You could use this table or a workplace injury compensation calculator to help. Please remember that no figure can be guaranteed since each accident at work claim is unique, and these are merely guidelines. 

InjurySeverityGuideline compensation bracketComments
Multiple very serious injuries and special damagesVery Serious Up to £1,000,000+An award for sustaining multiple serious injuries and the financial losses that you have incurred for each of these injuries, such as loss of wages.
ParalysisTetraplegia£396,140 to £493,000Top end of bracket will be where physical pain is present or where there is significant effect on senses or ability to communicate
Paraplegia£267,340 to £346,890
Degree of independence,
depression and
age and life expectancy will be among the factors taken into consideration in this bracket.
Brain damageVery severe (a)£344,150 to £493,000The injured person will only have some ability to obey basic commands. They will also have little to no communicative function and show little evidence of a meaningful response to their environment.
Moderately severe (b)£267,340 to £344,150The injured person may have a reduced life expectancy and constantly be in a minimally conscious state.
LegLoss of both legs£293,850 to £344,150Where both legs need to be amputated above the knee. Also includes cases where one leg is lost above the knee and the other is lost below the knee
Below-knee amputation of one leg£119,570 to £162,290Where one leg needs to be amputated above the knee.
NeckSevere (i)In the region of £181,020A neck injury that is associated with incomplete paraplegia.
Severe (ii)£65,740 to £130,930
Serious neck fractures or damage to cervical spine discs that has the potential to lead to disabilities such as loss of movement in the neck.
Amputation of armsLoss of one arm (i)Not less than £167,380Where the arm needs to be amputated at the shoulder.
Loss of one arm (ii)£133,810 to £159,770Where the arm needs to be amputated above the elbow.

Furthermore, you can check out our workplace compensation calculator to discover how to calculate your accident at work claim.

When Could My Compensation Amount Be Reduced?

If you were partially responsible for the accident in which you were injured, you could still be able to claim compensation for a workplace accident. However, the payout you receive will be reduced accordingly. If you have suffered multiple injuries, this, however, would increase any compensation payout. 

For more information on how your accident at-work compensation could be reduced, please contact an advisor using the number above.

Check You Are Eligible To Make An Accident At Work Claim

To be eligible to start an accident at work claim, you have to show that you were injured as a direct result of your employer not complying with their duty of care. 

The Health and Safety at Work etc. Act 1974 is the legislation that states the legal responsibility that all employers have. All employers owe a duty of care to their employees, which involves taking reasonable steps to ensure their safety while at work. 

Some reasonable steps in question include regular maintenance of workplace equipment and facilities, giving employees the necessary Personal Protective Equipment (PPE) and training needed to complete their tasks safely, and implementing measures of health and safety. 

Thus, if an employer fails to comply with their duty of care (for example, if they provide inadequate tools), and an employee is injured as a result of this, then their accident at work claim may be valid. In short, here are the eligibility criteria that need to be proven before beginning a claim:

  1. The employer owed a duty of care to you. 
  2. The employer breached their duty of care. 
  3. As a result of this breach, you suffered an injury. 

To verify your personal injury claim following an accident at work, please talk with our advisors. If they verify your claim, they can connect you to a personal injury solicitor. 

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Talk To Us About An Accident At Work Claim On A No Win No Fee Basis

Talk to our advisors about your possible accident at work claim. If your claim is verified, you can be connected to our No Win No Fee solicitors. Our solicitors can offer to represent you with a Conditional Fee Agreement (CFA) in place. 

You do not need to pay fees for your solicitor’s services at these stages when working with them under a CFA:

  • Before the claims process.
  • Throughout the claims process. 
  • If your claim is not successful. 

Alternatively, if your claim succeeds, there will be a success fee taken from the personal injury compensation that is awarded. Success fees are a small percentage of your compensation, capped by the law, to ensure that the majority goes to you. 

Contact Us 

We can support you and give you free legal advice about what to do next if you have been injured in an accident at work and how to calculate an accident at work claim. Our experienced personal injury team works around the clock to make sure that they are available at a time that suits you. So, for a free consultation of your potential case, contact us through one of the below methods:

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More Information On How To Calculate An Accident At Work Claim In These Guides

Here are the similar guides that we offer on our website:

  • Check out this guide to read more information about how to determine whether your employer is liable, partially or fully, for your workplace injury.
  • Find out what the accident at work claims time limit is to confirm whether you are within the legal limitation period to begin a claim.

Here are some extra resources which you may find helpful:

Thank you for reading this guide today, providing you with information regarding “How do you calculate an accident at work claim?”. Have a chat with our advisors to see whether you can possibly make a personal injury compensation claim for your suffering.

How To Make A Transportation And Logistics Accident Compensation Claim

Our guide will help you understand the process of making a transportation and logistics accident compensation claim. The transport and storage sector is heavily populated and absolutely essential for practically all industries, as it involves goods being taken from place to place. It also covers storage, haulage and warehousing. However, the busy nature of the sector also means workplace accidents are a constant risk.

We explain the eligibility criteria for being able to claim compensation for your injuries should a workplace accident happen due to employer negligence. After looking at relevant health and safety data on the types and frequency of accidents, we discuss how compensation can address the different effects your injuries could have on you.

Finally, we explain why many people making accident at work claims turn to our No Win No Fee solicitors for help.

You can learn even more and ask about your chances of having a successful case by speaking to one of our advisors today. Choose any of these contact details for free round-the-clock guidance:

  • Call 0800 073 8804.
  • Use the ‘claim online’ form.
  • Open a live chat window by selecting the box at the foot of this page.

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Select A Section

  1. When Could You Make A Transportation And Logistics Accident Compensation Claim?
  2. Types Of Transportation And Logistics Accidents At Work
  3. Frequency Of Transportation And Logistics Accidents At Work
  4. How Much Could Your Logistics Accident Compensation Claim Be Worth?
  5. Why Use A No Win No Fee Accident At Work Solicitor?
  6. Information Related To A Logistics Accident Compensation Claim

When Could You Make A Transportation And Logistics Accident Compensation Claim?

When working in transportation and logistics, your employer owes you a legal duty of care. Section 2 of the Health and Safety at Work etc. Act 1974 (HASAWA), one of the UK’s most prominent pieces of work safety legislation, states that employers must take reasonably practicable steps to maintain employee safety. This duty is legally required while you are working, whether you are inside or outside of the workplace.

Section 7 of HASAWA points out that employees must ensure they take reasonable care of themselves and others. 

Companies that operate in the logistics industry will also be subject to the Provision and Use of Work Equipment Regulations 1998 (PUWER) and Lifting Operations and Lifting Equipment Regulations 1998 (LOLER).

PUWER requires workplace equipment to be suitable and safe for use, well maintained and continuously inspected, only used by qualified and trained employees and in accordance with health and safety regulations. Whereas LOLER provides regulations for companies that use lighting equipment such as forklift trucks that all work must be planned by a competent person, supervised and carried out in a safe manner.

Failure on the part of an employer to adhere to all health and safety legislation would make them liable for an incident that resulted from this and allow an employee to seek injury at work compensation.

The eligibility criteria for a personal injury claim are:

  • Your employer owed you a duty of care.
  • They breached their duty.
  • The breach led to an accident that caused you to suffer physical and/or psychological injury.

An hgv logistics operator collision on the road.

Time Limits

The Limitation Act 1980 sets out a legal time limit for personal injury claims.  This law states that generally, you have up to three years to start a claim from the date the accident occurred. Time limits might differ for some workplace accident claims, depending on factors such as the injured person’s age or mental capacity.

You can learn more about the accident at work claim time limit, as well as check how long you have to begin a claim, by calling the number above.

Types Of Transportation And Logistics Accidents At Work

Employers are legally required to report certain accidents and near-misses under The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR) to the Health and Safety Executive (HSE), Great Britain’s workplace health and safety regulator.

The HSE’s statistics show that there were numerous different causes of workplace injury in the 2022/23 reporting period. The most common accidents were caused by:

  • Slips, trips or falls on the same level.
  • Manual handling.
  • Being struck by moving objects.
  • Falls from height.

Other kinds of accidents reported under RIDDOR include workers being struck by a moving vehicle, a collision with something fixed or stationary, and contact with moving machinery.

A No Win No Fee solicitor could help you make a logistics accident compensation claim if your workplace injury happened due to an employer’s breach of duty. For example, if you suffer head injuries because your employer failed to have the brakes on a faulty forklift truck repaired and this crashed into you, leading to your injuries, you could be eligible to seek accident at work compensation. 

An employee calling for help and leaning over another employee who is lying on the floor unconscious after a slip and fall.

Causes Of Fatal Accidents In Logistics And Transportation

Sadly, the transport and storage industry sometimes sees workers suffer fatal injuries. 15 deaths were reported under RIDDOR in 2022/23, with the majority happening in the land transport and transport via pipelines sectors. 

If you want to know more about claiming on behalf of a deceased loved one under the Fatal Accidents Act, please do not hesitate to reach out to us.

Frequency Of Transportation And Logistics Accidents At Work

8,059 non-fatal injuries were reported under RIDDOR in the 2022/23 reporting period. A third of them (2,629) were the result of a slip, trip or fall, with over 1,600 cases of manual handling injuries and over 1,000 accidents caused by being struck by a moving object. 

4,834 injuries, around 60% of the total, were reported in warehousing and support activities for transportation. Examples of incidents in this field could include a forklift accident, or being struck by objects while unloading a delivery lorry or other vehicle.

Meanwhile, 1,769 reported non-fatal injuries affected those involved in postal and courier activities. A further 927 were attributed to accidents in land transport or transport via pipelines.

Whether a colleague ran over your foot in the warehouse or you fell from height while shelving or racking, you may have a claim if your employer was liable. Please call or use our online services any time to learn whether you have the right to seek compensation for your injuries.

A person moving a pallet of boxes using a hand truck.

How Much Could Your Logistics Accident Compensation Claim Be Worth?

Making a successful transportation and logistics accident compensation claim would lead to you being awarded a payout.

At least some of the settlement would fall under the general damages head of claim. This accounts for physical harm and emotional suffering.

Those figuring out how much compensation you receive for your injuries can look at your medical evidence for guidance. They can also look at guideline figures for injuries of different forms and severities in a document called the Judicial College Guidelines, or JCG.

Compensation Table

This table features JCG figures, with the exception of the top line. It could be used as an alternative to a compensation calculator, just as a rough guide.

INJURYSEVERITYCOMPENSATIONNOTES
Multiple Severe Injuries Plus Expenses And CostsVery SeriousUp to £1,000,000+A number of significant injuries, coupled with financial losses such as domestic care fees and home adaptation expenses.
HeadVery Severe£282,010 to £403,990The compensation award depends on factors like the injured person's life expectancy or the extent of physical disability caused by the serious brain injury.
Moderately Severe£219,070 to £282,010Cases that result in a vegetative or minimally conscious state and severely reduced life expectancy could fall within this bracket.
ParalysisParaplegia£219,070 to £284,260The presence and extent of pain, the injured person's age and their life expectancy are among contributory factors to deciding the level of award.
LegAmputation (i)£240,790 to £282,010Either both legs are lost above the knee, or one leg is lost above the knee and the other below.
Injuries Affecting SightTotal BlindnessIn the region of £268,720A complete loss of sight in both eyes.
NeckSevere (i)Around £148,330Neck injuries linked with incomplete paraplegia, for example. Alternatively, the affected person suffers permanent spastic quadriparesis.
FootAmputation of A Foot£83,960 to £109,650The loss of an ankle joint means the payout is similar to one given for amputation below knee level.
WristComplete Loss of Function£47,620 to £59,860Loss of function in the wrist and an arthrodesis has been performed.
Other Arm InjuriesInjuries Resulting in Permanent and Substantial Disablement£39,170 to £59,860At least one arm is seriously fractured. It leaves a cosmetic or functional disability that is permanent.
Facial InjuriesFractures of Jaws (i)£30,490 to £45,540Multiple fractures that are very serious and have permanent consequences. Prolonged treatment is required.

Explaining Special Damages

Payouts for personal injury compensation claims can be formed of up to two heads of claim. General damages might be accompanied by special damages in certain cases. The latter can only be sought if the injuries had a financial impact.

Gather any evidence of your losses, including payslips, receipts and bank statements. With them, you could look to get compensation for the likes of:

  • Lost earnings if you are unable to work due to injuries sustained in your accident.
  • Prescription fees.
  • Home care expenses.
  • Accessibility adaptations to the home or vehicle.

If you seek legal representation for your accident at work claim, the solicitor can advise how much compensation you could receive and push to achieve the maximum settlement possible. 

Why Use A No Win No Fee Accident At Work Solicitor?

You don’t have to pursue a logistics accident compensation claim on your own. Our specialist personal injury solicitors have years of combined experience in helping people receive compensation for an accident at work. They offer their expert legal services on No Win No Fee terms with no fee to pay for their work in the event that the case fails.

The Conditional Fee Agreement our solicitors work under also means that there are no solicitor fee’s to pay upfront or during any claim.

A successful claim would see you receive compensation, which then entitles the solicitor to collect a success fee. They would take a small percentage of the compensation, with that percentage capped by law because of The Conditional Fee Agreements Order 2013.

A logistics accident compensation claim solicitor, wearing a dark suit and tie, sits at a desk and writes in a legal pad. Their client sits across from them and is wearing a blue suit.

Contact Us

If you want to learn more about claiming, you can get in touch with us at any time. Our 24/7 support service means you can have any questions about accident at work claims answered and find out if you have the right to seek compensation. You can even be connected to one of our solicitors if you have grounds to sue your employer. However, you will always have the final say on whether you want to start a legal case.

Most importantly, talking to us is completely free. Reach out to us at a time that suits you, either by:

  • Calling 0800 073 8804.
  • Asking about your possible claim online with our call back form.
  • Clicking the live support option in the pop-up tab on your screen now.

Information Related To A Logistics Accident Compensation Claim

Some further workplace accident claims guides from our archives:

  • An interim payment could allow you to receive some of your settlement in advance. Read our interim payments guide to learn when you can apply.
  • If your accident was caught on CCTV footage, and you want to know, ‘Can I request footage of an accident?’ our guide should help.
  • Logistics can also be referred to as the transport of people i.e. on a bus. See if you could make a public transport accident claim after suffering an injury in a road traffic accident.
  • More information on public transports accidents with this helpful claims guide.

Also, here are a few informative resources:

  • NHS guidance on when to call 999 and seek urgent help from a medical professional.
  • Evidence of medical treatment is useful for a claim, so read this NHS information on how to request access to your GP health record online.
  • A government guide to claiming Statutory Sick Pay from your employer if you miss work through injury.

Thank you for reading. Remember, you can contact us to discuss making a transportation and logistics accident compensation claim any time.

Learn About Claiming Pension Data Breach Compensation

In this guide, we discuss claiming pension data breach compensation, including the eligibility criteria that need to be met for you to have valid grounds to proceed and the evidence you could collect to strengthen your case.

Additionally, we provide examples of how a pension data breach could occur and the impact it could have.

Later, we look at how compensation for a successful pension data breach claim is calculated and how payouts could can address the impacts the breach has had on different areas of your life.

Finally, we look at how one of our expert solicitors could assist you in seeking data breach compensation on a No Win No Fee basis.

Continue reading to learn more about pension data breach compensation claims. Alternatively, our team is available 24/7 for a free consultation of your potential case. To get in touch, you can:

A white keyboard with one green key showing the word 'data breach'.

Jump To A Section

  1. Who Could Make Pension Data Breach Compensation Claims?
  2. Examples Of Cyberattack Data Breaches
  3. What Evidence Could Help You Claim Compensation?
  4. Estimated Pension Data Breach Settlements
  5. No Win No Fee Pension Data Breach Compensation Claims
  6. Further Guidance On Data Breach Claims

Who Could Make Pension Data Breach Compensation Claims?

The legislation in place to protect your personal information are the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA). Any form of information that can be used to identify you is known as personal data. The UK GDPR and DPA outline the responsibility that data controllers and data processors have with regard to the handling, storing, and processing of your personal data.

A data controller’s role is to determine why and how your personal information will be processed. A data processor’s role is to process your personal information on behalf of the controller. Data controllers can fulfil both roles unless they opt to outsource data processing to an external party.

A pension company who determines the purposes for which the personal data is to be processed, are classed as data controllers. However, a pension administrator may be classed as a data processor.

If either a data controller or data processor does not adhere to the DPA or UK GDPR, this is wrongful conduct. In some cases, wrongful conduct could lead to a personal data breach. A personal data breach is defined in Article 4 of the UK GDPR as a security breach that leads to the unlawful or accidental loss, alteration, destruction, unauthorised disclosure of or access to, personal data. 

Additionally, the data breach claims eligibility criteria are set out in Article 82 of the UK GDPR. These need to be proven for a claim to be valid. As such, you need to show:

  • Either a data controller or data processor did not adhere to data protection law.
  • Due to this wrongful conduct, your personal data was breached. 
  • You suffered emotional damage and/or financial losses because of the breach. 

If you talk to our advisors, they can determine if you are eligible to claim compensation and provide free advice on your next steps.

Time Limits

The standard data breach claims limitation period is 6 years. Thus, you have to begin legal proceedings for your pension data breach compensation claim within this time limit. 

However, the claims time limit is only 1 year if you are claiming against a public body. Also, there may be further exceptions that could result in the standard time limit being indefinitely suspended.

Find out more about how long you have to seek compensation by calling an advisor on the number above.

 

Examples Of Cyberattack Data Breaches

Pension companies may store and process different types of personal data, including National Insurance numbers, full names, email addresses, postal addresses, phone numbers, date of births, and some financial information, such as bank account, credit or debit card details. They may also hold special category data which is more sensitive and, therefore, needs more security. For example, data revealing your racial or ethnic origin. 

There are different ways this information could be breached, such as through human error, or as a result of a cyber attack. Data controllers and processors must have substantial security measures in place to defend against cyberattacks. These security measures can include:

  • Putting up a firewall
  • Using strong passwords
  • Storing personal information using encryption

If there is a failure to protect this personal data, it could result in it being breached leading you to suffer financial loss and/or emotional harm. For example, no or inadequate security measures could leave a pension companies affected by a cyber incident, such as a ransomware attack in which personal data from a pension scheme is stolen.

This could lead to those affected suffering anxiety, distress, or stress due to a data breach as well as financial loss, such as lost income incurred due to time taken off work to deal with the mental impact of the breach.

Call our team on the number above to discuss your specific case and find out whether you’re eligible to make a pension data breach compensation claim.

A computer with warnings of a security breach representing data breaches, such as cyberattacks.

What Evidence Could Help You Claim Compensation? 

You will need evidence when making a pension data breach compensation claim to show how a data controller or processor did not abide by the data protection laws, how your personal information was compromised because of this, and how you have been affected by the breach. 

Examples of the types of evidence you can gather are:

  • A letter of notification. Data controllers have a responsibility to notify you without undue delay of a data breach if the breach has risked your freedom or rights. To notify you, a letter of notification may be sent detailing the personal data that was affected and the steps they plan to take to rectify the situation. You should keep this letter as evidence to substantiate your case.
  • Copies of your medical records, such as a report from a specialist, to prove the emotional effects of the personal data breach. 
  • Bank statements, payslips, credit reports, and other financial documentation to prove the financial effects of having your personal data compromised.

All notifiable data breaches should be reported to the Information Commissioner’s Office (ICO) by the data controller within 72 hours from when they discovered the breach had happened. The ICO upholds information rights in the UK as an independent body.

If you are not happy with the communication from the organisation about the data breach, you can contact the ICO within 3 months from the last meaningful communication you had with the organisation. The ICO may choose to look into data breach reports but they cannot award compensation. If they do investigate, you can use findings from this investigation to substantiate your case.

If your pension data breach compensation claim is eligible and one of our expert data breach solicitors represents you, they can help you gather evidence as part of the services they provide. Additionally, they can ensure you bring forward your claim in full within the relevant time frame.

Contact our team today to find out more about proving data breach claims and whether a solicitor could take on your case and help you seek compensation.

An evidence folder containing information about data breaches.

Estimated Pension Data Breach Settlements

If you have a successful pension data breach compensation claim, you could receive a settlement compensating you for up to two types of damage. These are material damage and non-material damage. You do not need to have suffered both forms of damage in order to receive compensation. Instead, you can claim for material damage alone, non-material damage alone, or if you have experienced both, you can claim for both together.

Firstly, non-material damage refers to the psychological effects you have suffered from your personal data being breached. Psychological effects can include mental health conditions such as, depression, anxiety, and Post-Traumatic Stress disorder (PTSD), in more severe cases. 

The Judicial College Guidelines (JCG) is a document that can be referred to by those responsible for calculating the value of non-material damage. Within the JCG are guideline settlement brackets for all sorts of psychological and physical illnesses and injuries. 

Additionally, your medical reports could also be referred to in order to understand the full extent of the impact the breach has had on your mental health.

Guideline Compensation Table

This table includes figures from the JCG. It is important to note that you should use these figures as a guide only. The value of a data breach claim will differ to what’s listed in the table because every case is unique. 

The top line is not out of the JCG. 

Harm TypeSeverity Guideline Compensation BracketsNotes
Very serious emotional damage with substantial financial lossesVery seriousUp to £150,000+Compensation for the very serious emotional harm and the significant financial losses incurred, such as lost wages.
Psychiatric damageSevere (a)£54,830 - £115,730A very poor prognosis and marked problems affecting several areas of the person's life, including their ability to cope with life and work as well as their relationship with family and friends.
Moderately severe (b)£19,070 - £54,830A more positive prognosis is given but there are significant problems persistently affecting different areas of the person's life.
Moderate (c)£5,860 - £19,070The prognosis is good and there is a significant improvement.
Less severe (d)£1,540 - £5,860The extent to which daily activities and sleep are impacted will be considered for this award.
Post-Traumatic Stress DisorderSevere (a)£59,860 - £100,670All aspects of the person's life will be permanently affected. They will be unable to work or function at anything approaching the pre-trauma level.
Moderately severe (b)£23,150 - £59,860Professional help will lead to some recovery and a better prognosis. However, for the foreseeable future, the person is still likely to experience a significant disability.
Moderate (c)£8,180 - £23,150Continuing effects on the person's life will not be grossly disabling and a significant recovery will have been made.
Less severe (d)£3,950 - £8,180Within 1-2 years, a virtually full recovery is made. Only minor issues will continue over a longer period.

Material Damage

Secondly, material damage refers to the financial losses you have suffered from your personal data being breached. An example of a financial loss which you could suffer following a data breach is a loss of earnings from having time off work due to the mental harm you have experienced.

Our advisors can tell you more about how much compensation could be awarded following a successful pension data breach claim. You can also get in touch to learn more about claiming compensation and how to sue your pension provider.

No Win No Fee Pension Data Breach Compensation Claims

If our team determines that your data breach compensation claim is valid, you could be connected to our expert data breach solicitors. Our solicitors typically offer a type of No Win No Fee agreement called a Conditional Fee Agreement (CFA). 

The benefits of a CFA mainly include not needing to pay any fees for the work that your solicitor does:

  • Before or throughout the claims process. 
  • If your data breach claim is unsuccessful. 

If the claim is successful, a success fee will be deducted from your compensation. Success fees are taken as a percentage that the law caps. This ensures you keep the most of your awarded settlement.

Talk To Our Advisors Today

Talk to our advisors today if you wish to seek pension data breach compensation. By speaking with our team, you can receive advice on what steps you should take next and have any queries answered. You can reach out via any of the following contact details:

A solicitor working on a claim for pension data breach compensation .

Further Guidance On Data Breach Claims

More articles regarding data breach claims:

External resources:

Thank you for reading our guide today about pension data breach compensation claims. If your personal data has been compromised and you need information on what steps you could take, our team is available 24/7. 

A Guide On How To Sue The Government For A Data Breach

Our guide examines how to sue the government for a data breach and when you could be eligible to pursue compensation.

The government is made up of many different departments. Each of these departments stores and processes multiple types of personal data for many people. Examples include information relating to state pensions, benefits, and national insurance as well as your name, postal address, and ethnic or racial origin. In some cases, the data is more sensitive. As such, if a government department is affected by a data breach, there could be severe consequences. 

As we move through this guide, we examine the obligations the government has under data protection laws and how a breach could occur if these aren’t adhered to. Furthermore, we explain what a data breach is and what information could be affected. 

Compensation in a successful data breach claim can be awarded for two different types of damage, the financial damage incurred and/or the psychological harm. We discuss how compensation is calculated for the different ways you have been impacted later in our guide. We also briefly touch on the evidence you could use to show what damage occurred and how you were affected.

To finish off our guide, we explore the No Win No Fee agreement offered by our experienced data breach solicitors, with particular emphasis on how you can benefit when instructing one of our solicitors to represent you under such a contract.

Claims for data breaches can be complex, which is why our advisors are available to address your concerns at any time of the day. They can also provide a free consultation on whether you have a valid data breach claim. You can speak to a member of our team and ask any questions about data breach claims via the details provided here:

'Data breach' written in block capitals inside a cloud of computer terminology.

Select A Section

  1. How To Sue The Government For A Data Breach
  2. Examples Of Potential Government Data Breaches
  3. What Evidence Could You Provide To Support A Claim?
  4. Calculating Data Breach Compensation Payouts
  5. How To Sue The Government For A Data Breach With A No Win No Fee Solicitor
  6. Find Out More About More About Claims For Data Breaches

How To Sue The Government For A Data Breach

Before we explain how to sue the government for a data breach, we need to explain what a data breach. A personal data breach is defined in general terms as a security incident that affects the availability, integrity or confidentiality of personal data. This definition is given by the Information Commissioner’s Office (ICO), the UK’s independent body for upholding information rights.

There are 3 relevant parties when discussing data breaches, these are:

  • Data controllers: The organisation that decides when, how and why your data will be stored or processed. 
  • Data processors: These are external organisations that are contracted by the data controller to process the data on their behalf. It is important to note that not all controllers use external processing services, and may decide to process data themselves.
  • Data subjects: The living identifiable individuals to whom the personal data relates.

Data controllers and processors have strict obligations under both the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA). Failing to adhere to these obligations is known as wrongful conduct which could cause a personal data breach.

It’s not always possible to claim for a data breach. There are criteria that need to be met to begin a personal data breach claim. These are as follows:

  1. There was a failure by either the data controller or processor to uphold the standards set out by the UK GDPR and the DPA.
  2. This failure caused a breach in which your personal data was affected. 
  3. You suffered a financial loss, psychiatric harm or both as a result of this breach.

Our advisory team can offer a free assessment of your eligibility to start a claim. They can also offer free advice and answer any questions you may have. Our advisors are available 24 hours a day via the contact details provided above.

Time Limits In Data Breach Claims

Data breach time limits mean you typically have 6 years to start legal proceedings, but this drops to 1 year if you are claiming against a public body. There may be some exceptions that can apply in some circumstances.

For further advice on the time limits in data breach claims and exceptions that may potentially apply, speak to our advisors today.

Examples Of Potential Government Data Breaches

As we outlined in our introduction, different government departments hold a vast amount of personal data on residents. This data could be put at risk if a government department fails to adhere to its obligations under data protection law. 

Personal data is defined by the ICO as information that can be used to identify a living natural person. This can include names, addresses, contact information and details of bank or credit cards. Article 9 of the UK GDPR also makes provision for “special category data.” This is personal data that is deemed as more sensitive and, therefore, necessitates a higher degree of protection. Examples include data on your racial and ethnic origin, trade union membership, religious beliefs and your health.

We have provided a few examples of how government data breaches could potentially happen here:

  • Wrong address data breach: Administrative errors resulted in a letter containing information regarding your child benefit payments being sent to the wrong address.
  • Unauthorised access data breach: Failures to upgrade security software resulted in hundreds of case files containing immigration information being exposed in a cyber attack.
  • Loss of paperwork data breach: A government employer was carrying documents in an unlocked briefcase on a train. They left the case on the train when they disembarked. Unauthorised persons therefore gained access to your personal data as a result of this human error data breach incident.

To learn more about claiming data breach compensation in your particular circumstances, speak to an advisor today using the contact information given below. They can discuss your specific case and determine whether you meet the eligibility criteria for starting a claim.

A man sitting at table on his laptop with a data breach warning appearing on the screen.

What Evidence Could You Provide To Support A Claim?

A key part of understanding how to sue the government for a data breach is looking at collecting evidence to support a potential claim. As well as showing that your personal data was compromised in a breach caused by wrongful conduct, your assembled evidence will need to demonstrate the impact this breach had on you financially and/or emotionally.

You can see some examples of the evidence you could collect here:

  • Correspondence from the data controller notifying you that a data breach has occurred and what data was affected. This usually comes in the form of a written letter or email.
  • Financial records such as your bank statements that show suspicious or unauthorised activity in your accounts, or payslips to show any lost earnings incurred if you had to take time off work to recover from the mental impact of the breach.
  • Medical evidence showing you suffered psychological harm. such as distress, anxiety, or stress, as a result of having your data breached.

What Steps Can I Take After A Data Breach?

Data controllers are required to inform all data subjects affected if the data protection rights and freedoms of those subjects have been put at risk. They must do so without undue delay. There is also an obligation to inform the ICO within 72 hours from when they discovered the breach had occurred, if it meets the reporting threshold.

As a data subject, it is your right to express concerns regarding a data controller’s conduct at any time. If you are dissatisfied with their response, you can raise a complaint with the ICO.

While the ICO does not award compensation, they can take punitive actions against data controllers who do not meet data protection laws. You can use the findings from their investigation as evidence to strengthen your case, if they choose to investigate your complaint.

One of our experienced No Win No Fee data breach solicitors could assist with gathering evidence if you have a valid claim. Speak to our advisors for a free assessment of your eligibility today. If eligible, a solicitor could take on your case and support you with collecting evidence, as well as make sure your claim is made within the appropriate time limit.

Calculating Data Breach Compensation Payouts

There are two different types of damage that data breach compensation can be awarded for following a successful claim. Material damage refers to the monetary losses that result from a data breach, such as money taken from your account if your bank card details were stolen. Non-material damage refers to the psychological injuries caused by a personal data breach. This could be in the form of stress, emotional distress, and anxiety, or more serious psychiatric conditions such as post-traumatic stress disorder. 

Reference can be made to the guidelines from the Judicial College alongside provided medical documents when a potential figure for non-material damage is being calculated. The JCG lists guideline award brackets for various different types of harm.

Compensation Table

The table contains figures from the JCG. except for the first entry. Please be advised that the figures used in our table are intended as guidance only.

Type of InjurySeverityGuideline Compensation AmountNotes
Very severe psychiatric harm alongside substantial monetary lossesVery SevereUp to and above £150,000A payout could be awarded to address the very severe psychological damage as well as the significant financial losses incurred.
General Psychiatric HarmSevere (a)£54,830 to £115,730Marked problems across multiple areas of the person's life as well as a very poor prognosis.
Moderately Severe (b)£19,070 to £54,830Significant problems across multiple aspects of life but a better prognosis than in more severe cases.
Moderate (c)£5,860 to £19,070The injured person will have experienced a substantial improvement and their prognosis will be positive.
Less Severe (d)£1,540 to £5,860This bracket considers factors such as the time period of disability, and the impact on sleep and daily life activities.
Post traumatic Stress DisorderSevere (a)£59,860 to £100,670Permanent and severe effects across all aspects of life preventing the person from working or at least functioning at a pre-trauma level.
Moderately Severe (b)£23,150 to £59,860Despite a better prognosis and some recovery with help from a professional, the person will still likely experience a significant disability for the foreseeable future.
Moderate (c)£8,180 to £23,150Cases where there has been a significant recovery and any effects that persist won't be grossly disabling.
Less Severe (d)£3,950 to £8,180Virtual recovery within 2 years with only minor persisting symptoms over a longer period.

Material Damage

As mentioned, you could also be entitled to data breach compensation for material damage. This refers to the financial losses incurred from your personal data being breached.

Examples could include funds being stolen from your bank accounts or fraudulent purchases being made in your name. Your credit score could also be negatively affected by fraudulent charges, which could have a knock-on effect on your personal finances.

Evidence in the form of bank statements, credit reports, and payslips, can help prove any losses.

To find out more about how data breach compensation is calculated, or to get a more detailed picture of how the value of a data breach claim is calculated, speak to an advisor today. Our friendly and experienced team are available 24 hours a day via the contact details given below.

Can I Sue The Government For A Data Breach With A No Win No Fee Solicitor?

If a personal data breach occurs, we understand it can be a stressful and confusing time. As such, if you are looking to make a claim, you could benefit from seeking legal representation.

Our specialist data breach solicitors have years of experience in handling compensation claims following breaches of personal data. They can assist you with building your case and guiding you through each stages of the claims process to help you reach a settlement.

If eligible, one of our solicitors could offer their services under a Conditional Fee Agreement (CFA). This kind of No Win No Fee contract presents notable advantages to potential claimants, including:

  • In most cases, there will be no upfront fee for our solicitors to begin working on your case.
  • There will also be no charges levied during the claims process for that work.
  • Finally, in the event the claim is unsuccessful, you will not be charged a fee for the services they have provided.

You will receive a compensation payout for the material and/or non-material damage you experienced as a result of the data breach. Before your claim begins, you and the solicitor will agree to a success fee, payable as a percentage of your compensation on the condition the solicitor wins your claim. Per The Conditional Fee Agreements Order 2013, success fee percentages are capped. Therefore you will keep the majority of any payout for the damage you sustained. 

Contact Us

Speak to an advisor today for more information on how to sue the government for a data breach and whether you could be eligible to pursue compensation. You can get in touch with a member of our team via the details provided here:

  • Call us on 0800 073 8804.
  • Contact us online by completing this form.
  • Use the live chat button at the bottom of your screen.

A solicitor and his clients discussing how to sue the government for a data breach.

Find Out More About Claims For Data Breaches

You can read more of our data breach claims guides here:

We have also provided these external resources:

If you have any other questions on how to sue the government for a data breach and the eligibility criteria that need to be met in order for you to have valid grounds to do so, call our team.