Pursuing Justice Beyond Criminal Courts: Understanding Victim Civil Actions Under N.D.C.C. § 12.1-41-15 in Fargo

Beyond the criminal justice system, North Dakota law provides a distinct avenue for victims of certain serious offenses to seek direct accountability and compensation from those who harmed them. N.D.C.C. § 12.1-41-15 empowers victims of human trafficking (N.D.C.C. § 12.1-41-02), misapplication of entrusted property (N.D.C.C. § 12.1-41-03), or defrauding secured creditors (N.D.C.C. § 12.1-41-04) to initiate a civil lawsuit against the perpetrator. This legal mechanism allows victims to pursue monetary damages, injunctive relief, and other remedies to address the profound harm they have suffered. For individuals in Fargo and across the state, understanding this right to civil action is crucial, both for victims seeking comprehensive justice and for defendants facing potential civil liability in addition to criminal consequences.

A civil action under this statute operates independently of any criminal prosecution, though the two may be related. It provides victims with a measure of control and a voice in seeking personal redress for the wrongs committed against them. The potential for significant financial judgments, including compensatory and punitive damages, as well as the recovery of attorney’s fees, underscores the seriousness of these civil claims. For those navigating the aftermath of such offenses in the Fargo region, whether as a victim or a party accused, a clear comprehension of the scope, procedures, and implications of N.D.C.C. § 12.1-41-15 is essential for making informed decisions and pursuing effective legal strategies.

N.D.C.C. § 12.1-41-15: The Statutory Right for Victims to Seek Civil Redress in North Dakota

North Dakota Century Code § 12.1-41-15 provides a specific legal pathway for victims of human trafficking, misapplication of entrusted property, or defrauding secured creditors to file a civil lawsuit against the person who committed these offenses against them. This statute outlines the types of damages and relief available, provisions for attorney’s fees, the timeframe for commencing such actions, and its relationship with criminal restitution, offering a comprehensive tool for victim compensation and justice.

12.1-41-15. Civil action.

A victim may bring a civil action against a person that commits an offense against the victim under section 12.1-41-02, 12.1-41-03, or 12.1-41-04 for compensatory damages, exemplary or punitive damages, injunctive relief, and any other appropriate relief.

If a victim prevails in an action under this section, the court shall award the victim reasonable attorney’s fees and costs.

An action under this section must be commenced not later than ten years after the later of the date on which the victim: a. No longer was subject to human trafficking; or b. Attained eighteen years of age.

Damages awarded to a victim under this section for an item must be offset by any restitution paid to the victim pursuant to section 12.1-41-09 for the same item.

This section does not preclude any other remedy available to a victim under federal law or law of this state other than this chapter.

Core Components and Entitlements Under North Dakota’s Victim Civil Action Statute (N.D.C.C. § 12.1-41-15)

North Dakota Century Code § 12.1-41-15 is a significant piece of legislation that empowers victims of specific serious offenses to take civil legal action against their perpetrators. This statute provides a framework for victims in Fargo, West Fargo, Grand Forks, and throughout the state to seek financial compensation and other forms of relief for the harm they have endured. Understanding the distinct provisions of this law is critical for victims considering such an action and for defendants who may face these lawsuits.

Specific Predicate Offenses for Civil Action: The right to bring a civil action under N.D.C.C. § 12.1-41-15 is specifically tied to being a victim of one of three offenses: Human trafficking as defined in N.D.C.C. § 12.1-41-02; Misapplication of entrusted property under N.D.C.C. § 12.1-41-03; or Defrauding secured creditors as per N.D.C.C. § 12.1-41-04. This means that only victims who have suffered due to these particular criminal acts can utilize this specific statutory basis for their civil claim in North Dakota.
Broad Range of Available Remedies (Subsection 1): Victims pursuing a civil action under this statute can seek several forms of relief. This includes compensatory damages, which are intended to cover actual losses such as medical expenses, lost income, and pain and suffering. Victims can also seek exemplary or punitive damages, which are designed to punish the wrongdoer for egregious conduct and deter similar behavior in the future. Furthermore, injunctive relief (a court order compelling or prohibiting certain actions) and “any other appropriate relief” may be available, offering flexibility to address the specific harms caused by the defendant’s actions.
Mandatory Award of Attorney’s Fees and Costs (Subsection 2): A crucial provision for victims is that if they “prevail” (win) in their civil action, “the court shall award the victim reasonable attorney’s fees and costs.” This mandatory award helps to remove a significant financial barrier to accessing justice, as victims might otherwise be unable to afford legal representation for complex civil litigation. It ensures that the financial burden of seeking legal redress does not fall unduly on the harmed party.
Extended Statute of Limitations (Subsection 3): The law provides a notably long statute of limitations for these actions. A lawsuit must be started no later than ten years after the later of two dates: (a) the date the victim was no longer subject to human trafficking (if applicable), or (b) the date the victim turned eighteen years old. This extended timeframe acknowledges that victims, particularly those of human trafficking or those who were minors, may need significant time to escape their situation, process trauma, and feel safe enough to pursue legal action.
Coordination with Criminal Restitution (Subsection 4): To prevent double recovery for the exact same loss, subsection 4 stipulates that any damages awarded to a victim in a civil action for a specific item “must be offset by any restitution paid to the victim pursuant to section 12.1-41-09 for the same item.” This means that if a victim has already received criminal restitution for a particular financial loss, that amount will be deducted from any civil award for that identical loss.
Preservation of Other Legal Remedies (Subsection 5): Importantly, N.D.C.C. § 12.1-41-15 does not prevent a victim from pursuing “any other remedy available to a victim under federal law or law of this state other than this chapter.” This non-exclusivity clause means that victims can potentially utilize this state civil action in conjunction with other legal avenues, such as federal civil rights claims or other state tort claims, to seek full and comprehensive justice.

Financial and Other Consequences of Civil Lawsuits Under N.D.C.C. § 12.1-41-15 for Fargo Defendants

For individuals or entities in Fargo found liable in a civil action brought under North Dakota Century Code § 12.1-41-15, the consequences can be severe and extend far beyond any penalties imposed in a related criminal case. This statute is designed to provide substantial relief to victims, and as such, the financial and operational impacts on a defendant can be significant. Understanding these potential outcomes is crucial for anyone accused of the predicate offenses (human trafficking, misapplication of entrusted property, or defrauding secured creditors).

Imposition of Substantial Monetary Judgments

Defendants found liable under N.D.C.C. § 12.1-41-15 face the prospect of considerable monetary judgments. These can include compensatory damages intended to cover all of the victim’s actual losses, which in human trafficking or significant fraud cases can be extensive, covering lost wages, medical and therapy costs, and pain and suffering. Critically, courts can also award exemplary or punitive damages. These are not tied to actual loss but are intended to punish the defendant for malicious or egregious conduct and to deter others, potentially amounting to very large sums.

Responsibility for Victim’s Legal Fees and Court Costs

A significant financial consequence for a losing defendant is the mandatory award of the victim’s “reasonable attorney’s fees and costs” as stipulated in subsection 2. Civil litigation, especially for complex cases like human trafficking or financial fraud, can generate substantial legal expenses for the plaintiff (victim). If the victim prevails, the defendant will be ordered by the Fargo court to cover these costs, adding another layer to the financial burden of the judgment.

Impact of Injunctive Relief Orders

Beyond monetary awards, N.D.C.C. § 12.1-41-15 allows for “injunctive relief, and any other appropriate relief.” An injunction is a court order that can compel a defendant to do, or refrain from doing, specific actions. For example, in a human trafficking case, an injunction might prohibit the defendant from contacting the victim or engaging in certain business activities. Violating an injunction can lead to further severe penalties, including contempt of court sanctions.

Lasting Financial Repercussions and Collection Efforts

A civil judgment under this statute creates a legal debt that the defendant is obligated to pay. If the defendant does not voluntarily pay, the prevailing victim can use various legal mechanisms to collect the judgment. These can include wage garnishment, liens on property (including real estate in Cass County), and seizure of assets. Such a judgment can also severely damage a defendant’s credit rating and financial standing for many years, making it difficult to secure loans or conduct business.

N.D.C.C. § 12.1-41-15 in Practice: Illustrative Scenarios from the Fargo Metro Area

The ability for victims to pursue civil action under North Dakota Century Code § 12.1-41-15 provides a powerful tool for seeking justice and compensation beyond the confines of criminal prosecution. For residents of the Fargo metro area, understanding how these lawsuits might play out in real-world scenarios involving human trafficking, misapplication of entrusted property, or defrauding secured creditors can illuminate the practical impact of this statute. These civil cases allow victims to assert their rights and seek damages tailored to their specific harm.

These lawsuits, heard in North Dakota’s civil courts, focus on the harm suffered by the victim and the liability of the person who committed the offense. While a prior criminal conviction can be strong evidence in a subsequent civil case, a civil action can proceed even without a criminal conviction, as the burden of proof in civil cases (typically a preponderance of the evidence) is lower than in criminal cases (beyond a reasonable doubt). The following examples illustrate how N.D.C.C. § 12.1-41-15 might be applied in situations arising in Fargo and surrounding communities.

Example: Human Trafficking Survivor’s Civil Lawsuit in Fargo

A young adult, previously a victim of human trafficking (N.D.C.C. § 12.1-41-02) in Fargo, sues their identified trafficker in civil court. The lawsuit details years of exploitation, forced labor, and emotional distress. The victim seeks compensatory damages for lost income, extensive therapy costs, and severe pain and suffering. They also request punitive damages due to the trafficker’s egregious and malicious conduct.

Under N.D.C.C. § 12.1-41-15, the court could award substantial compensatory damages covering all documented harms. Given the nature of human trafficking, a significant punitive damages award would also be likely, intended to punish the trafficker and deter others. If successful, the victim would also recover their reasonable attorney’s fees and court costs.

Example: Beneficiaries Suing a Trustee in West Fargo for Misapplied Funds

The beneficiaries of a trust discover that their West Fargo-based trustee (an individual) misapplied significant funds from the trust for personal gain, an offense under N.D.C.C. § 12.1-41-03 (Misapplication of entrusted property). They file a civil action under N.D.C.C. § 12.1-41-15.

The lawsuit would seek compensatory damages equal to the amount of funds misapplied, plus any lost investment growth. Depending on the trustee’s conduct (e.g., if it was particularly deceptive or self-serving), the beneficiaries might also pursue punitive damages. Upon prevailing, they would be entitled to an award for their attorney’s fees and costs incurred in bringing the action.

Example: Lender’s Civil Suit Against a Debtor for Fraud in Cass County

A Cass County lending institution provided a significant business loan based on financial statements that were later found to be intentionally falsified by the borrower to hide insolvency, constituting Defrauding Secured Creditors (N.D.C.C. § 12.1-41-04). After the borrower defaults and the fraud is discovered, the lender files a civil suit.

The lender, as a victim under the statute, can sue for compensatory damages to recover the financial losses resulting from the fraud, including the unpaid loan balance and any costs associated with the fraudulent transaction. If the borrower’s actions were deemed particularly egregious, punitive damages could also be sought. Attorney’s fees would be recoverable by the prevailing lender.

Example: Navigating Damages and the Statute of Limitations in a Fargo Civil Case

Consider a victim who was trafficked as a minor in Fargo starting at age 15 and escaped at age 19. They later decide to pursue a civil action against their trafficker. Under N.D.C.C. § 12.1-41-15(3), the statute of limitations is 10 years from the later of when they were no longer subject to trafficking (age 19) or when they turned 18. Thus, they would have until age 29 to file the lawsuit.

In court, if criminal restitution of $5,000 was paid for therapy costs, and the civil court awards $50,000 in compensatory damages that includes $10,000 for those same therapy costs, then under N.D.C.C. § 12.1-41-15(4), the $50,000 civil award would be offset by the $5,000 restitution already paid specifically for therapy, resulting in an additional $45,000 payment (plus any punitive damages and attorney fees).

Strategies for Defendants Facing Civil Lawsuits Under N.D.C.C. § 12.1-41-15 in Fargo

Facing a civil lawsuit under North Dakota Century Code § 12.1-41-15 is a serious matter for any individual or entity accused of human trafficking, misapplication of entrusted property, or defrauding secured creditors. These actions can result in significant financial judgments and other court-ordered relief. While the statute provides a powerful avenue for victims to seek redress, defendants in the Fargo area also have the right to mount a defense and ensure that their rights are protected throughout the civil litigation process.

A robust response to such a lawsuit requires a thorough understanding of the specific allegations, the evidence presented by the plaintiff (victim), and the applicable civil procedures and defenses. Even if there has been a related criminal proceeding, a civil case has its own distinct rules, burdens of proof, and potential outcomes. Effective legal representation is crucial for navigating these complexities and developing a strategic defense tailored to the specifics of the claim.

Scrutinizing the Allegations of the Predicate Offense

The foundation of a civil action under N.D.C.C. § 12.1-41-15 is the commission of an offense under § 12.1-41-02, § 12.1-41-03, or § 12.1-41-04. A key defense strategy involves carefully examining whether the plaintiff can meet their burden of proving that such an offense actually occurred.

Differing Burdens of Proof: Even if a criminal conviction was not secured (where the burden is “beyond a reasonable doubt”), the plaintiff in a civil case must still prove the elements of the underlying offense by a “preponderance of the evidence” (more likely than not). The defense can challenge whether the plaintiff has met this standard.
Contesting Factual Allegations: The defense will involve a detailed rebuttal of the factual allegations made by the plaintiff, presenting contrary evidence or alternative explanations for the events in question, if available and credible.

Disputing Causation and the Extent of Damages Claimed

Even if some wrongdoing is established, the defense can challenge the link between the defendant’s actions and the specific damages claimed by the plaintiff, as well as the amount of those damages.

Direct Causation Requirement: The plaintiff must prove that their alleged damages were directly caused by the defendant’s commission of the predicate offense. The defense can argue that some or all of the claimed damages are unrelated, speculative, or due to other intervening factors.
Reasonableness and Substantiation of Damages: Compensatory damages must be proven with reasonable certainty. The defense can scrutinize the plaintiff’s evidence of financial losses, medical bills, lost income claims, and valuations of pain and suffering, arguing against inflated or unsubstantiated amounts. The calculation of punitive damages can also be contested based on the level of culpability and other factors.

Asserting Applicable Affirmative Defenses and Procedural Arguments

Defendants in civil actions have various potential affirmative defenses and procedural arguments that can be raised.

Statute of Limitations: While N.D.C.C. § 12.1-41-15(3) provides a generous 10-year statute of limitations, the defense must verify that the action was indeed commenced within the correct timeframe based on the specific statutory triggers (end of trafficking or victim attaining age 18).
Other Civil Procedure Defenses: Depending on the case, other defenses recognized under North Dakota Rules of Civil Procedure might apply, such as issues with service of process, jurisdiction, or failure to state a claim upon which relief can be granted.

Leveraging the Offset Provision for Criminal Restitution Paid

If the defendant has already paid criminal restitution to the victim for specific losses pursuant to N.D.C.C. § 12.1-41-09, the defense must ensure this is properly accounted for.

Documenting Restitution Payments: It is crucial to provide clear documentation of any criminal restitution paid for items or losses that are also being claimed as damages in the civil suit.
Ensuring Correct Calculation of Offset: The defense will advocate for the correct application of N.D.C.C. § 12.1-41-15(4) to ensure that any civil damage award is appropriately reduced by amounts already compensated through the criminal justice system for the identical harm, preventing a double recovery for the plaintiff on those specific items.

Frequently Asked Questions About Civil Actions Under N.D.C.C. § 12.1-41-15 in North Dakota

Victims of human trafficking, misapplication of entrusted property, or defrauding secured creditors in North Dakota have the right to bring a civil lawsuit under N.D.C.C. § 12.1-41-15. This raises many questions for potential plaintiffs and defendants in Fargo and across the state.

What is a civil action under N.D.C.C. § 12.1-41-15?

It is a lawsuit filed in civil court by a victim against a person who committed human trafficking (N.D.C.C. § 12.1-41-02), misapplication of entrusted property (§ 12.1-41-03), or defrauding secured creditors (§ 12.1-41-04) against them. The victim can seek monetary damages and other relief.

Who can file this type of civil lawsuit in Fargo?

A “victim” of one of the three specified offenses (human trafficking, misapplication of entrusted property, defrauding secured creditors) can file this type of lawsuit in a Fargo civil court if the jurisdictional requirements are met.

What kind of damages can a victim recover?

Victims can seek compensatory damages (for actual losses like medical bills, lost wages, pain and suffering), exemplary or punitive damages (to punish the wrongdoer), injunctive relief (court orders to do or stop doing something), and other appropriate relief.

Does the victim have to pay for their own attorney in these cases?

If the victim wins their lawsuit (“prevails”), N.D.C.C. § 12.1-41-15(2) mandates that the court “shall award the victim reasonable attorney’s fees and costs.” This means the defendant would be ordered to pay them.

What is the deadline for filing a civil action under this statute in North Dakota?

The action must be started within 10 years after the later of the date the victim was no longer subject to human trafficking or the date the victim turned 18. This is a relatively long statute of limitations.

Can a victim sue even if there was no criminal conviction?

Yes, potentially. A civil action is separate from a criminal case. The burden of proof in a civil case (“preponderance of the evidence”) is lower than in a criminal case (“beyond a reasonable doubt”), so a victim might win a civil suit even if the defendant was acquitted or never charged criminally.

What if the defendant already paid criminal restitution for the same harm?

N.D.C.C. § 12.1-41-15(4) requires that any civil damages awarded for a specific item be “offset” (reduced) by any criminal restitution already paid for that same item. This prevents the victim from recovering twice for the exact same loss.

Are punitive damages common in these types of Fargo civil cases?

Punitive damages are intended to punish particularly egregious conduct and deter future wrongdoing. In cases involving intentional harm like human trafficking or significant fraud, courts may award punitive damages if the defendant’s actions are found to be malicious, oppressive, or fraudulent.

What is “injunctive relief”?

Injunctive relief is a court order that requires a party to do a specific act or to refrain from doing a specific act. For example, a court might order a defendant to stay away from the victim or cease certain business practices.

Can a business be sued under this statute if its employee committed the offense?

The statute allows action “against a person that commits an offense.” Whether a business entity could be held liable might depend on principles of vicarious liability or direct liability if the business itself was involved in or benefited from the offense, which would be determined by broader civil law principles in conjunction with this statute.

Does filing a civil suit affect a victim’s participation in a criminal case?

The civil and criminal cases are separate legal processes, though they may involve overlapping facts. A victim’s decision to file a civil suit generally does not prevent them from participating as a witness in a related criminal prosecution.

What defenses can a defendant raise in a Fargo civil action under N.D.C.C. § 12.1-41-15?

Defendants can challenge whether the plaintiff has proven the elements of the underlying offense, dispute the causation or amount of damages, assert the statute of limitations if applicable, and raise other defenses available under North Dakota civil law.

Can these civil cases be settled out of court?

Yes, like most civil lawsuits, cases brought under N.D.C.C. § 12.1-41-15 can potentially be settled out of court through negotiation or mediation between the parties, if both sides agree to terms.

Does this North Dakota law prevent victims from suing under other laws?

No. Subsection 5 states that this section “does not preclude any other remedy available to a victim under federal law or law of this state other than this chapter.” Victims may have other legal claims they can pursue.

If a defendant is facing both criminal charges and a civil suit in Fargo, what should they do?

It is crucial for the defendant to secure experienced legal representation for both the criminal and civil matters. These cases have serious and distinct consequences, and strategies must be carefully coordinated.

Long-Term Impact of Civil Actions Under N.D.C.C. § 12.1-41-15 on Plaintiffs and Defendants in North Dakota

Civil actions brought under North Dakota Century Code § 12.1-41-15 have profound and lasting consequences for both the victims who file them (plaintiffs) and the individuals or entities they sue (defendants). These lawsuits, stemming from serious offenses like human trafficking, misapplication of entrusted property, or defrauding secured creditors, reshape financial futures and play a role in the broader pursuit of justice within communities like Fargo.

Financial Restoration and Empowerment for Victims (Plaintiffs)

For victims, a successful civil action can provide significant financial resources crucial for rebuilding their lives. Compensatory damages can cover tangible losses like medical bills, therapy costs, lost income, and property loss. Punitive damages, where awarded, can offer an additional measure of justice and financial security. Beyond the monetary aspect, the process of holding a perpetrator accountable in civil court, coupled with the mandatory award of attorney’s fees for prevailing victims, can be empowering and contribute to a victim’s sense of closure and vindication after suffering harm in places like Fargo.

Substantial and Enduring Financial Liability for Defendants

For defendants found liable under N.D.C.C. § 12.1-41-15, the financial impact can be devastating and long-lasting. Large judgments, including compensatory and punitive damages plus the plaintiff’s attorney fees, can lead to significant debt, wage garnishment, property liens, and damage to creditworthiness for many years. This financial strain can affect a defendant’s ability to secure loans, conduct business, and maintain financial stability, serving as a stark consequence of their actions, independent of any criminal penalties they may face from the Fargo courts or elsewhere.

Influencing Legal Precedents and Awareness in North Dakota Civil Litigation

Civil lawsuits filed under this statute, particularly those involving human trafficking, contribute to the body of case law in North Dakota. Decisions in these cases can help clarify the application of the law, establish precedents for how damages are assessed, and raise public and legal awareness about the civil remedies available to victims of such exploitation. As more cases are litigated in Fargo and other North Dakota courts, it can refine legal understanding and potentially encourage more victims to come forward, knowing that a pathway to civil justice exists.

Interplay with Criminal Justice Outcomes and Overall Accountability

While civil actions are separate from criminal prosecutions, they often intersect. A criminal conviction can provide strong evidence for a subsequent civil claim. Conversely, the prospect of a significant civil judgment can add another layer of accountability for offenders, beyond criminal sanctions like imprisonment or fines. The offset provision for criminal restitution ensures a degree of coordination, but the availability of broader damages (like punitive or pain and suffering) in civil court means that N.D.C.C. § 12.1-41-15 offers a more comprehensive tool for financial accountability for harm caused in Fargo and across the state.

Navigating N.D.C.C. § 12.1-41-15: Why Legal Representation is Essential in Fargo Civil Suits

When a civil action is initiated under North Dakota Century Code § 12.1-41-15—whether by a victim seeking justice or against an individual accused of human trafficking, misapplication of entrusted property, or defrauding secured creditors—the guidance of proficient legal counsel is indispensable. These are not simple lawsuits; they involve complex factual investigations, specific statutory provisions, and potentially substantial financial stakes. Navigating the civil court system in Fargo and Cass County effectively in these matters demands legal acumen and strategic advocacy for all parties involved.

For Victims: Maximizing Recovery and Upholding Rights in Cass County Courts

For a victim pursuing a claim under N.D.C.C. § 12.1-41-15, an attorney is crucial for building a strong case to maximize potential recovery. This includes meticulously documenting all compensatory damages, from financial losses to emotional distress, and effectively arguing for punitive damages where the defendant’s conduct warrants it. Counsel ensures that all procedural requirements of the Cass County civil courts are met, from filing the complaint within the generous statute of limitations to presenting evidence persuasively at trial. Furthermore, securing the mandatory award of attorney’s fees upon prevailing is a key aspect an attorney will manage, making access to justice more feasible.

For Defendants: Mounting a Robust Defense and Managing Potential Liability

Conversely, for an individual or entity facing a lawsuit under this statute in the Fargo area, experienced defense counsel is vital for protecting their rights and managing potential liability. An attorney will thoroughly analyze the plaintiff’s claims, challenge unsubstantiated allegations of the predicate offense, contest the causation or amount of damages sought, and explore all available legal and factual defenses. This includes ensuring that any previously paid criminal restitution is properly offset against civil damages. A proactive and knowledgeable defense can significantly impact the outcome, potentially leading to a dismissal, a favorable judgment, or a negotiated settlement that mitigates financial exposure.

Understanding and Applying Complex Damage Calculations and Evidentiary Rules

Both plaintiffs and defendants benefit from legal counsel’s ability to navigate the often-complex calculations involved in determining compensatory and punitive damages. Attorneys understand how to present or challenge evidence related to financial losses, future medical needs, pain and suffering, and the factors that influence punitive awards under North Dakota law. They are also adept at handling the rules of evidence in civil trials, ensuring that only proper and relevant information is presented to the court, and that their client’s case is put forth in the most compelling and legally sound manner.

Skillfully Negotiating Settlements and Navigating Trial in Fargo Civil Courts

Many civil lawsuits, including those under N.D.C.C. § 12.1-41-15, are resolved through negotiation and settlement rather than a full trial. Legal counsel provides invaluable assistance in assessing the strengths and weaknesses of a case, developing negotiation strategies, and drafting settlement agreements that protect their client’s interests. If a settlement cannot be reached, an attorney’s trial experience becomes paramount. They will prepare and present the case before a Fargo judge or jury, cross-examine witnesses, and make legal arguments designed to achieve the best possible outcome for their client, whether that is a substantial award for a victim or a successful defense for an accused party.