What is the primary purpose of damages in tort law?

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The primary purpose of damages in tort law is to compensate the victim. This concept is fundamental to tort law, which is designed to address civil wrongs and provide a remedy to individuals who have suffered harm due to the actions or negligence of another party. The compensation aims to restore the victim, as much as possible, to the position they were in before the tort occurred.

When a court awards damages, it is assessing the losses incurred by the victim, which can include medical expenses, lost wages, pain and suffering, and other related costs. The overarching goal is to make the injured party whole again, rather than to punish the wrongdoer or to cover legal fees, though those aspects can play roles in the broader context of justice. While punitive damages can serve to deter future violations, they are not the primary focus of damages in tort law; the main intent remains on victim compensation. Legal costs might be reimbursed through different methods, but that is not considered a primary function of damages within tort law.

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