Were your legal documents sent to the wrong address by your solicitor? If so, and your personal data was compromised leading to financial loss and/or emotional harm, you could be eligible to seek data breach compensation.
As we move through this guide, we look at the eligibility criteria that need to be met for you have valid grounds to proceed with your case, the evidence you can gather to strengthen your claim, and how a compensation payout could address the different impacts of the damage you have suffered.
Additionally, we discuss what personal data is, the responsibility certain parties have to protect this data, the legislation they must adhere to, and what could constitute a personal data breach. We also provide examples of how a breach could occur and the impact it could have.
Finally, we discuss the benefits of working with a No Win No Fee solicitor from our panel and how they can assist you with claiming compensation. You typically won’t have to pay them any upfront fees for the work they provide you.
If you have any other questions, don’t hesitate to get in touch with us. At Public Interest Lawyers, we offer a free initial consultation and can provide guidance on the next steps you may wish to take. To contact us, you can:
- Call on 0800 408 7825
- Use the live chat function below.
- Fill out our ‘contact us’ form online and we can get back to you.
Jump To A Section
- Can You Claim If Legal Documents Were Sent To The Wrong Address By Your Solicitor?
- How Could Legal Documents Be Sent To The Wrong Address By Your Solicitor?
- How Is Compensation For Data Breach Claims Calculated?
- Evidence That Could Help You Claim Data Breach Compensation
- Claim Compensation For A Data Breach On A No Win No Fee Basis
- Learn More About Making A Data Breach Compensation Claim
Can You Claim If Legal Documents Were Sent To The Wrong Address By Your Solicitor?
Personal data, any information that can be used to identify you, is protected by two main pieces of legislation called the Data Protection Act 2018 (DPA) and the UK General Data Protection Regulation (UK GDPR). Certain parties have a responsibility to adhere to these data protection laws when handling, storing, and processing your personal data. These are:
- Data controllers – The party that sets the purpose and means for processing your personal data. They may also process it themselves.
- Data processors – Where a controller doesn’t process the personal data themselves, they will outsource the task to a data processor, usually an external third party that acts on the controller’s instructions.
If there is a failure by a controller or processor to adhere to these laws, it could lead to a personal data breach. This can be defined more broadly as a security incident that affects the availability, confidentiality, and integrity of your personal data. This definition comes from the Information Commissioner’s Office (ICO), the independent body set to uphold information rights in the UK.
If legal documents were sent to the wrong address by your solicitor and your personal data was compromised, this could constitute a personal data breach.
Data Breach Claims Criteria
In order to start legal proceedings following a breach of personal data, you must be able to demonstrate:
- A controller or processor failed to uphold the obligations placed on them by data protection law, namely the DPA 2018 and the UK GDPR. This is known as wrongful conduct.
- Due to this wrongful conduct, a breach occurred in which your personal data was compromised.
- You suffered psychological harm and/or financial loss due to the breach of your personal data.
To discuss your specific case and find out whether you could have an eligible data breach compensation claim, call an advisor on the number above.
How Could Legal Documents Be Sent To The Wrong Address By Your Solicitor?
As mentioned, personal data is any information that can be used to identify you, such as your name, postal address, email address, bank account details, and telephone number. It can also more sensitive personal information that requires extra protection, such as data concerning your health or data revealing your racial or ethnic origin. This is special category data.
If any of this data is sent to the incorrect address, it could have negative effects.
Instances of legal documents sent to the wrong address could be caused by human error. Examples of human error could include:
- Your correct address is noted down wrong and no checks are made to ensure it is correct before sending out legal documents containing sensitive data. As a result, you suffer anxiety and stress.
- Customer case files get mixed up meaning another customer’s legal documents are sent to your address and yours are sent to another customer’s address. Due to the nature of the personal data enclosed within the documents, you suffer emotional distress and require time off work resulting in lost income.
- Your legal documents are sent to your old address and the wrong person, instead of your current address. As sensitive data, including a scanned copy of your passport, is included, you are the victim of identity theft causing financial loss and stress.
To discuss your specific case and find out whether you’re eligible to claim compensation, please call an advisor using the number above.
How Is Compensation For Data Breach Claims Calculated?
If your claim for data breach compensation is successful, you could receive a payout addressing two types of damage. This first is non-material damage which refers to the psychological harm you have experienced due to the data breach. This can include stress, anxiety, and even post-traumatic stress disorder in more severe cases.
Those responsible for calculating your settlement can use medical evidence and a publication called the Judicial College Guidelines (JCG) to help them. The JCG lists guideline valuation brackets for different types of psychiatric damage.
Award Bracket Guidelines
You can find figures from the JCG in the table below. Please use these as a guide only as settlements vary depending on certain circumstances. Also, note that the first line is not from the JCG.
| Type of Harm | Severity Level | Award Bracket Guidelines | Further Details |
|---|---|---|---|
| Severe Psychological Impact With Significant Financial Loss | Severe | Up to £150,000 plus | Compensation to address a severe impact on mental health as well as the substantial financial losses incurred. This can include lost income from time taken off work. |
| Psychological Damage | (a) Severe | £54,830 - £115,730 | A very poor prognosis and a marked impact on several aspects of the person's life. |
| (b) Moderately Severe | £19,070 - £54,830 | A better prognosis than in the above bracket but still significant issues affecting different areas of the person's life. | |
| (c) Moderate | £5,860 - £19,070 | There is a substantial improvement and the prognosis is good. | |
| (d) Less Severe | £1,540 - £5,860 | How long the person is affected and to what extent will be considered when determining the award given. | |
| Post-Traumatic Stress Disorder (PTSD) | (a) Severe | £59,860 - £100,670 | All aspects of the person's life are negatively and permanently affected and they are unable to function at a pre-trauma level. |
| (b) Moderately Severe | £23,150 - £59,860 | There is some improvement due to the person seeking professional help but a significant disability is still likely for the foreseeable future. | |
| (c) Moderate | £8,180 - £23,150 | The injured person will have largely recovered and any persisting issues won't be majorly disabling. | |
| (d) Less Severe | £3,950 - £8,180 | Almost a complete recovery experienced within 12 - 24 months and only minor issues lasting beyond this period. |
Claiming Material Losses From A Data Breach By A Solicitor
Material damage reflects the financial losses you have experienced due to the data breach. For example, if you suffered stress and anxiety, you may have needed to take time off work to recover causing you a loss of earnings. If so, you could claim back the lost income as part of your settlement. You should provide evidence of these losses, such as payslips.
To find out how much compensation you could be awarded for a successful claim, call our team. They provide a free valuation and estimate of the payout you could potentially receive for your circumstances.
Evidence That Could Help You Claim Data Breach Compensation
There are several pieces of evidence that can help to support your claim after legal documents were sent to the wrong address. For example, you could gather evidence including:
- Correspondence between you and the organisation about the data breach, such as a letter and emails.
- Medical proof that shows psychological damage, such as specialist reports, because your documents were sent to an outdated address and not the right address.
- Documentation that shows financial costs, such as payslips and bank statements.
You could make a complaint to the ICO if you haven’t had any response from the organisation. The ICO might investigate your case and you can use any findings from this investigation as evidence to support your claim.
For more information on how to prove a data breach claim, call an advisor on the number above.
Claim Compensation For A Data Breach On A No Win No Fee Basis
Our panel of data breach solicitors can support you through every stage of the claims process by using their experience of helping other claimants seek compensation.
They offer their helpful services via a type of No Win No Fee agreement, a Conditional Fee Agreement (CFA). This means that you won’t have to pay for your solicitor’s services at the following times:
- Upfront
- While the claim proceeds
- If your claim fails
Following a successful ending to your claim, you will pay a percentage of your compensation to the solicitor working on your case as their success fee. However, this is subject to a legal cap ensuring you receive the majority of your payout.
For more information regarding your potential claim, you can get in touch via the following contact details:
- Call on 0800 408 7825
- Use the live chat function below.
- Fill out our claim form to contact us
Learn More About Making A Data Breach Compensation Claim
In conclusion, you may find the following articles about data breach compensation from our website useful:
- Read more on claiming for a wrong email address data breach.
- To understand what your rights are after a lost files data protection breach, read here.
- Learn what to do if your employer sent disciplinary information to the wrong address.
In addition to this, some external resources can offer more information:
- Information about mental health from the NHS.
- A guide to the rights of data subjects from GOV.UK.
- Guidance on action taken from the ICO.
- Information from the government on making a county court claim.
Thanks for reading about how to claim after your legal documents were sent to the wrong address. If you have any other questions, call on the number above.