What are damages meant to achieve in tort law?

Damages in tort law are designed to restore the injured party, the claimant, to the position they would have been in had the tortious act not occurred. This principle is rooted in the idea of making the claimant whole again and compensating for losses, whether they are economic, such as medical expenses or loss of earnings, or non-economic, such as pain and suffering. The fundamental aim is not to punish the wrongdoer, to deter others, or to cover legal fees; rather, the focus is on remedying the harm suffered by the claimant.

The notion of returning the claimant to their original position highlights the compensatory nature of damages, which is centered on restitution rather than retribution. This approach aligns with the objective of tort law, which seeks to provide a remedy for wrongs and ensure that individuals are compensated for the harm they have endured due to another's actions.