Identity theft in California can lead to devastating consequences. Consequently, you are entitled to seek compensation for damages from the perpetrator, which covers emotional distress caused by the offense. Please continue reading to learn what you need to prove to recover compensation for emotional distress and how a determined California Identity Theft Victim Lawyer can help you fight for the compensation you need to get your life back on track.
What is Identity Theft and How Can It Impact You?
First and foremost, identity theft occurs when an individual uses another person’s information without consent. This can manifest in several ways, including credit fraud, the hijacking of existing accounts, or the creation of fraudulent loans under the victim’s name.
The repercussions for victims are far-reaching, including both monetary losses and considerable emotional distress. The process of recovering from identity theft is often time-consuming and difficult.
Can You Recover Compensation for Emotional Distress?
Generally, victims of identity theft can recover damages for the psychological impact of the incident, commonly referred to as emotional distress. This form of compensation is usually available when consumer protection laws have been violated. However, the specific amount awarded depends on the unique circumstances and supporting evidence of the case. It should be noted that not every case will result in these damages being awarded.
Emotional distress damages may be available in the following cases:
- When a business deliberately neglects to fix an error.
- In cases where identity theft leads to prolonged monetary difficulties.
- When caresslessness was demonstrated in the management of private data.
- Upon the infringement of legal protections guaranteed by consumer protection laws.
To be eligible to recover compensation for emotional distress, you must provide compelling evidence to the court. This proof typically involves documenting the identity theft and the resulting errors, such as documentation of fraudulent accounts, mistakes on credit reports, and all communication with lending institutions.
Additionally, victims must provide evidence of the psychological harm experienced. This can be accomplished through the victim’s own account, medical or therapeutic documentation, records detailing the stress and disruption to their normal life, and proof of the considerable time invested in resolving the problems caused by the identity theft.
What Rights Am I Afforded?
Various federal laws form the basis for these kinds of lawsuits, specifically designed to shield consumers from the improper handling of private information and erroneous documentation. The Fair Credit Reporting Act (FCRA), for example, compels credit reporting agencies and data furnishers to uphold accurate credit data and carry out reasonable investigations into disputes.
This law essentially permits the recoupment of losses, including those stemming from the psychological impact of identity theft. Furthermore, numerous other legal concepts may be pertinent, such as the common law allegations of negligence, statutory infractions related to identity fraud, or consumer protection statutes at the state level, depending on the specific facts of the case.
The psychological impact of identity theft can be devastating. At Loker Law, APC, we are prepared to help maximize your recovery. Connect with us today to schedule a consultation.
