Switch to ADA Accessible Theme Close Menu


A constant source of help for your family in times of need, we’re available 24/7 in person, by phone and video conference. Call us anytime for an always free consultation.

Free Initial Consultation
protected by reCAPTCHA Privacy - Terms

Suing for Invasion of Privacy in Florida


Florida recognizes invasion of privacy as a civil cause of action. This means that you are entitled to seek compensation for injuries caused by certain intrusions into your private affairs.

Revealing Private Health Information

For example, an Orange County resident identified as John Doe recently filed a lawsuit against Aetna, a health insurance company. John Doe (the plaintiff’s gender isn’t being revealed) is HIV-positive, and Aetna allegedly revealed that information when it mailed a letter about Doe’s pharmacy benefits. The envelope had a large window that showed Doe’s name, address and HIV prescription.

Doe had kept his/her HIV status private for more than a decade, but the large window allegedly revealed that secret to postal workers, friends, neighbors, household members, and the public at large. Doe is suing Aetna for negligence and invasion of privacy, claiming $15,000 in damages for anxiety, depression and insomnia, among other injuries.

Proving Your Privacy Invasion Claim

Florida courts generally recognize that people have a right to be left alone. For example, you have a right to solitude (especially in your home, and to lesser extents in your car and office) and you have the right to keep private facts from becoming public. The law is a little more complicated than this (which is why you should talk to an attorney), but you might have a viable cause of action if you prove that someone intruded into a space where you had a reasonable expectation of privacy.

In the Aetna case, John Doe can argue there was a reasonable expectation that the insurance company would keep Doe’s medical information private. If the envelope window was so large that it revealed the HIV prescription, then the company clearly didn’t meet Doe’s reasonable expectation.

Suing for Negligence

John Doe also alleges that Aetna acted negligently. To prove negligence, the plaintiff must first establish that:

  • The defendant owed the plaintiff a duty of care
  • The defendant breached that duty
  • The plaintiff suffered an injury, and
  • The defendant’s breach caused the plaintiff’s injury.

Florida is a comparative fault state, which means that any damages awarded are reduced by the plaintiff’s own percentage of fault. So if Aetna can somehow prove that John Doe is partly responsible for his or her injuries, then any damages awarded would be reduced accordingly.

Also keep in mind that there is a statutory deadline for filing personal injury lawsuits in Florida. You only have four years from the date of the injury to file your lawsuit. This deadline is called the statute of limitations.

Contact Us Today

Contact an Orlando personal injury attorney at The Pendas Law Firm today for a free consultation if you were injured by an invasion of privacy. We will examine the facts of your case and help determine if you have a viable personal injury claim. You might be entitled to compensation for your injuries.

The Pendas Law Firm also represents clients in the Fort Lauderdale, Jacksonville, Miami, Fort Myers, Tampa, West Palm Beach, Daytona Beach and Bradenton areas.



Read What Others Have To Say About Us

  • “I'm very happy with this firm... Joel is an excellent attorney and Carolyn is an amazing paralegal, After been ditched from another law firm, Pendas took care of me and they won my case. I recommend them 100%...” - Jacksonville -

    Maria Pastor
  • “This law firm is amazing. I love how they always try to stay/keep in contact with you. It shows that they really care and want everything taken care of correctly, Thank You!...” - Orlando -

    Shantelle Blackwell
  • “I'm very thankful for all the attention of all the Pendas staff that took care of my case and helped me through the process, thanks for your patience, collaboration and comprehension!...” - Tampa -

    Carlos Guadalupe
  • “The Pendas Law Firm was amazing! They are very kind, professional, and hard-working! They always kept me informed. Larry Trias was great to work with! I always recommend Pendas to family and friends. Thank you for helping me with my case!” - Fort Myers -

    Heather Pepper
  • “Their attorneys are absolutely someone you want handling your car accident claim. They communicated with us promptly and thoroughly. I was very happy with our recovery. Their staff speaks Spanish and you feel like family.” - Orlando -

    Ian Brito
  • “I would definitely recommend this firm. The staff really helps you and they actually show you that they care, especially Siomara Roldan. She has been a great help for my family and myself, she is always helpful with any questions.” - Tampa -

    Wilmer D Santana Rodriguez
  • “5 stars for these guys! Hays Mathis got my case settled without going to court for a sum that dwarfed what the other guys were advising me to take. I highly recommend Hays not only because he does the work to get it done but he cares about the client and outcome as well!” - Jacksonville -

    Mike Reilly
  • “Pendas is the best! The paralegals are very attentive to your case, knowledgeable, and communicative! The attorney also won’t just be there the day of your sign up, but all throughout the process as needed. I truly recommend Pendas!” - Orlando -

    Ben Fitzgerald