Meyers Personal Injury Law | August 1, 2025 | Personal Injury
When a company loses control of your personal data, the harm can be real: money spent fixing fraud, hours on the phone, and lasting stress. Tennessee law gives victims paths to compensation, but the value of a claim depends on what was exposed, how it was used, and whether the business followed the rules.
This overview explains what you may recover and what affects the size of a Tennessee data breach claim.
What Counts as a “Data Breach” in Tennessee?
Tennessee defines a breach as unauthorized access to certain personal information that compromises its security, confidentiality, or integrity. “Personal information” typically means your name plus a sensitive data point like a Social Security number, driver license number, or financial account credentials.
Businesses that discover a breach must notify affected Tennessee residents without unreasonable delay and no later than 45 days, unless law enforcement needs more time. This definition and the notice timeline matter because they help show when the breach occurred and whether the company met its duties, which affect claim value.
Can You Sue After a Data Breach?
Often, yes. Depending on the facts, claims may include negligence, invasion of privacy, and violations of Tennessee consumer-protection statutes.
Tennessee’s Identity Theft Deterrence Act also allows private lawsuits. When the conduct is willful or knowing, this statute may allow victims to recover treble (three times) the actual damages, plus possible attorney’s fees.
If the company failed to give a timely breach notice, Tennessee law gives customers the right to sue for damages and to seek an order stopping further violations.
Healthcare breaches follow special rules. HIPAA is enforced by the U.S. Department of Health and Human Services’ Office for Civil Rights. HIPAA itself doesn’t create a personal lawsuit for money damages, though HIPAA standards can inform state-law negligence claims.
What Damages Can You Recover?
Every case is different, but recoverable losses in Tennessee commonly include:
Out-of-Pocket Costs
You could incur a number of costs after a data breach, including:
- Unreimbursed fraudulent charges
- Fees to freeze or replace accounts and IDs
- Postage and notary costs
- Paid credit monitoring.
These are examples of compensatory losses tied directly to the breach, so keep receipts and records.
Time and Lost Wages
Courts may recognize reasonable time spent dealing with the fallout, especially when you had to miss work or reduce hours to fix the problem. A clear log strengthens this part of a claim.
Identity Theft Losses
If criminals used your data to open accounts or file false tax returns, you can claim those financial losses if you can tie them to the breach. Your bank’s fraud records and police/FTC reports help link cause and effect.
Emotional Distress
Tennessee law allows non-economic damages for serious emotional harm in some cases. Whether this applies in a privacy case is fact-specific, and medical records can help show the impact.
Punitive Damages
In rare cases of intentional, fraudulent, malicious, or reckless conduct, Tennessee allows punitive damages to punish and deter. State law generally caps punitive damages at the greater of two times total compensatory damages or $500,000. However, the cap’s application can be litigated, and courts decide based on the facts.
Each of these categories contributes to the total value of your data breach case, and strong documentation increases what you can claim.
How Much Is a Typical Claim Worth?
There’s no single number. Two people in the same breach may have very different claims. A helpful way to think about value is to total your specific losses and then consider whether the facts justify non-economic or punitive elements.
Social Security and financial account numbers raise risk and usually increase damages if misused. Tennessee’s statute focuses on combinations of name and key identifiers. Federal courts often require a concrete injury to proceed. The U.S. Supreme Court has limited claims by people who cannot show actual misuse or disclosure to third parties.
Contact Our Nashville Personal Injury Law Firm Today at Meyers Personal Injury Law
If a breach exposed your data in Tennessee, you may be able to recover out-of-pocket costs, time losses, and more, and in serious cases, seek punitive or treble damages. A focused case review connects the facts to the right legal theories so you can pursue the full amount you deserve.
Call our Nashville personal injury attorney at Meyers Personal Injury Law to schedule a free consultation about your case.
If you were injured in an accident in Nashville or Brentwood and need legal help, contact our Nashville personal injury lawyers at Meyers Personal Injury Law to schedule a free case review today.
Meyers Personal Injury Law Nashville
1308 Rosa L Parks Blvd Suite 101,
Nashville, TN 37208
(615) 258-9000
Meyers Personal Injury Law Brentwood
105 Continental Pl Suite 100,
Brentwood, TN 37027
(615) 258-9000
