If the law is on your side, pound the law. If the facts are on your side, pound the facts. If neither the law nor the facts are on your side, pound the table.

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Legal Definitions - victim

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Definition of victim

A victim is an individual who has suffered harm as a direct result of a wrongful act. This harm can manifest in various ways, including physical injury, financial loss, emotional distress, or damage to property or reputation. The wrongful act itself can stem from a criminal offense, a civil wrong (known as a tort), or another type of legal transgression.

  • Example 1 (Crime): Imagine a person whose car is stolen from their driveway.

    Explanation: In this scenario, the individual has suffered significant financial harm due to the theft of their property, which is a criminal act. They are considered the victim of this crime because they directly experienced the loss caused by the wrongful conduct.

  • Example 2 (Tort - Negligence): Consider a pedestrian who is struck and injured by a driver who was texting and failed to stop at a red light.

    Explanation: The pedestrian has suffered physical harm (injuries) and potentially financial harm (medical expenses, lost wages) due to the driver's negligent behavior. Negligence is a type of civil wrong, or tort, and the pedestrian is the victim of this tortious act.

  • Example 3 (Other Wrong - Breach of Contract): A small business owner contracts with a web design company to build a new e-commerce site, but the company fails to deliver the promised features and misses critical deadlines, causing the business to lose revenue.

    Explanation: The business owner has suffered financial harm (lost revenue, wasted investment) due to the web design company's failure to fulfill its contractual obligations. This breach of contract is a "wrong" that directly harmed the business owner, making them a victim of the company's non-performance.

Simple Definition

A victim is a person who has been harmed by a crime, a civil wrong known as a tort, or any other wrongful act. This term refers to an individual who has suffered injury or loss due to someone else's wrongdoing.

The law is a jealous mistress, and requires a long and constant courtship.

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