How is the general measure of compensatory damages defined?

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The general measure of compensatory damages is defined as making a victim whole. This principle is foundational in tort law and refers to the idea that damages awarded should restore the injured party to the position they were in before the tort occurred, as much as possible. This encompasses not only economic losses, such as medical expenses or lost wages, but also non-economic losses, including pain and suffering. The goal is to ensure that the injured party does not suffer a net loss due to the wrongful conduct of another party.

While the other options represent aspects of damages that might be relevant in specific cases, they do not encompass the full measure of what compensatory damages aim to achieve. For instance, replacement of lost income is a subset of compensatory damages, focusing specifically on economic losses but does not address the entirety of the victim's experience. Covering lawyer's fees is generally considered a separate issue in tort law and is not inherently part of compensatory damages awarded for the underlying harm. Recognizing emotional suffering is important and can be included in the overall determination of damages, but it is only one component of what it means to make the victim whole. Thus, making a victim whole captures the overall purpose of compensatory damages.

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