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Invasion of privacy is a strange tort. Although privacy claims arise from the same laws as personal injury claims, they have a very different nature. First, when subjected to an invasion of privacy, you experience a mental, emotional, and financial injury rather than a bodily injury. The nature of your injuries makes them more difficult to quantify.
Second, these claims are very fact-intensive. Your losses and the resulting settlement may depend on how your privacy was invaded, whether anything was misappropriated, and the value of your losses. As a result, there is no average settlement for invasion of privacy. The settlement you receive could differ from the settlements others might receive for the same invasion.
However, the same principles apply to all cases. Thus, you can use these principles to identify the factors that could affect your settlement.
Grounds for an Invasion of Privacy Lawsuit
Invasion of privacy includes the following four claims:
- False light, where someone makes false and damaging statements about you
- Intrusion, where someone enters a space where you reasonably expect privacy
- Public disclosure of private facts
- Misappropriation of your likeness, name, autograph, or photograph
Each of these exists as a separate claim. Suppose someone takes nude photos of you by climbing a ladder and peering through your window. You might have claims for intrusion, public disclosure of private facts, and misappropriation of your likeness. If they just peered through your window without taking photos, you might only have a claim for intrusion.
Factors in Determining Your Settlement
Like a personal injury settlement, your compensation will depend on the evidence of your losses.
For example, suppose someone cast you in a false light by misrepresenting that you had been in prison for embezzlement. If you lost your job over the misrepresentation, you might have a claim for lost wages. But if your only tangible cost was your time to post a rebuttal online, you might receive a much smaller settlement.
You may also seek compensation for emotional distress. This compensation could cover therapy or counseling costs, reputational damage, and mental suffering. Again, these are case-specific losses.
What are the Possible Consequences of Invasion of Privacy?
The consequences of invading someone's privacy include financial losses, emotional stress, and damage to one's reputation. However, the most serious consequence is that the damage cannot be undone. In other words, once your privacy has been invaded, you cannot restore it.
Average Settlement in Data Breach Lawsuits
An emerging basis for invasion of privacy lawsuits comes from data breaches. Hackers can steal your private information and disclose it publicly. They can also hack your account and cast you in a false light.
The costs of these data breaches and the resulting settlements vary widely depending on what was taken. Facebook and Vizio's cases show higher user compensation, according to their Final Settlement Approval documents. Equifax, Anthem, and Ashley Maddison underscore privacy breaches' financial impacts.
Learn More About Settlements From ConsumerShield
An average settlement for invasion of privacy is difficult to quantify because no two cases are identical. Instead, a lawyer must look at the unique facts of your case to estimate the losses you can recover.
ConsumerShield can connect you with a lawyer who handles invasion of privacy cases. Contact us for a free case review to learn your options and receive your lawyer referral.
