Legal Question in Business Law in New York
why would society want to establish an additional barrier to someone who has been harmed by the commision of a tort?
2 Answers from Attorneys
As a franchise attorney I don't understand your question. What barrier(s) are you referring to? Repost your attorney question or consult with a good business or franchise attorney in your area for specific advice.
Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.
Franchise Attorney
Franchise Foundations APC
Although your question is vague, I would assume you mean to ask, "Why does the tort-threshold potentially bar an injured person from recovering for pain and suffering?"
The simple answer is to protect the insurance industry from being devastated by frivolous lawsuits or suits where injuries are minor. While I think the present law is a overly-enforced by the courts, the law itself plays an important role in maintaining New York's economy.
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