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Can You Sue a School for Pain and Suffering?

Posted on September 25, 2022 in

If you have experienced pain and suffering because of the irresponsible actions of your college or school, you may not know what to feel. You may feel confused and overwhelmed in addition to the discomfort and physical pain you already suffer. But can you sue a school because of your pain and suffering? Yes, by Arizona statute, but you need to do a “Notice of Claim” within 180 days and, if you cannot settle the claim, file suit within one year of when you knew or should have known of the claim. What compensation might you be entitled to receive? Same as with any other type of injury claim, but more difficult to prove in some ways (see below).

At Jensen Phelan Law Firm, we have a team of specialist personal injury lawyers who have the knowledge and experience to answer your questions. We have supported numerous clients with personal injury cases involving school negligence resulting in pain and suffering to a minor student. Our law firm even represented Maddison DeSela/Estate of DeSela in the Supreme Court of Arizona case (226 Ariz. 387 (Ariz. 2011) that changed Arizona law to allow an injured minor to make an injury-related medical expenses claim directly without unnecessary legal technicalities used to prevent honest claims. 

Can You Sue a School for Pain and Suffering in Arizona?

Often, especially in cases involving inadequate supervions or unsafe premises leading to serious injuries, you may be able to collect compensation for pain and suffering. This applies to school campuses in Arizona as well, meaning you may be able to sue a school for pain and suffering if they were responsible for your injuries. You may need to prove that the pain and suffering you’re experiencing are related to those injuries and that those injuries were the result of the school’s negligence or actions. These cases, if the claim is for serious injuries, are routinely defended aggressively, requiring litigation.

The school may also be sued if you were assaulted by an employee, if the school protected your perpetrator, or if it was unresponsive to your concerns, reports, or complaints. However, if the school acted negligently during an emergency, like a school shooting, the school or college may also be held responsible.

What Damages Can You Collect?

Depending on the specific circumstances, you will normally be able to collect compensation for a variety of damages (just the same as any injury damages case). One of the damages you may be able to claim is pain and suffering, meaning you may receive compensation for your emotional distress if you choose to take legal action. Damages related to your pain and suffering and you might include the following:

  • Physical pain resulting from the injuries, past and future
  • Disability and/or disfigurement (scars, etc.)
  • Emotional suffering relating to the traumatic injury and the ongoing pain
    • Anxiety onset
    • Mental anguish
    • Depression
    • Triggering of Post-Traumatic Stress Disorder (PTSD)
  • Loss of love, companionship, or harm to a very important relationship (loss of consortium)
  • Loss of enjoyment and satisfaction in life
  • Medical and potentially psychological therapy bills

You may also be able to receive compensation for the following damages:

  • Medical bills, including
    • Ambulance services
    • Emergency room or hospital fees
    • Physical therapy costs
  • Wrongful death damages (see Arizona Revised Statutes Section 12-612)
  • Loss of wages – past
  • Loss of wage-earning potential
  • Property damage

If you need assistance maximizing your potential compensation, we recommend retaining a lawyer. Your specialist personal injury attorney may be able to effectively and favorably present your case to the court, jury, and other legal representatives, which can help you receive more for your damages.

How Can a Lawyer Help?

We strongly recommend speaking with an attorney without delay if you are taking legal action. Hiring a lawyer as quickly as possible may help ensure a positive outcome, as this allows you to follow the best possible steps while the evidence is most available, keep facts straight and organized, and keep many other aspects in order. Your lawyer may also assist you in the following ways:

  • Legal knowledge, skill, and experience
  • Negotiation tactics
  • Handle insurance companies and other legal representatives
  • Maximize compensation
  • Reduce stress
  • Collect and analyze evidence
  • Join or lead investigations
  • Refer you to medical and other professionals such as specialist medical providers
  • Provide useful resources consistent with skill and experience dealing with school districts, which can be expected to “circle the wagons” in the face of a large claim for damages based on the negligence of school employees or officials

If you are taking legal action, we encourage you to find top-quality legal representation. Finding the best specialist injury lawyers often results in larger awards.

Get the Compensation You Deserve With Specialist Personal Injury Lawyers From Jensen Phelan Law Firm in Arizona

If you need legal assistance and still need to retain a lawyer, we at Jensen Phelan Law Firm may be able to help. If you are injured due to another party’s negligent actions, we believe you deserve to be fairly compensated for your damages. We are dedicated to supporting our clients through every step of the legal process, and we may also be able to help you.

If you think we would be a good fit for your legal representation, contact us for a free consultation, assessment of your case, and explanation of your rights. Finding good legal counsel is necessary if you wish to receive a positive outcome, so hire us to gain access to our strategies, legal knowledge, resources, and more. To get in contact, please call (928) 778-2660 or complete our contact form at your earliest convenience.