Legal Question in Employment Law in Louisiana
How long after employment ends do I have to sue?
I have recently begun therapy in order to figure out why/how I have developed certain mental problems. No clear-cut diagnosis has yet been made, but one theory that has been brought up is Post Traumatic Stress syndrome. If that becomes the diagnosis or not the company I was fired from back in 1994 has to be part of the problems I live with. The level of stress experienced there has led to many life changes other than mental also. I was one of a team of management fired at the time and all the others sued and were settled with out of court. I alone did not sue and now I have begun to rethink that that may have been the wrong decision. Is there a time frame that would prevent me from doing that now? I applied for Social security disablilty yesterday, which may or may not be approved. What other considerations should I be making? I appreciate any guidance you can lend.
2 Answers from Attorneys
Re: How long after employment ends do I have to sue?
Dear Law Guru Friend,
Can't disagree with what Mr. Pizzolatto has told you. Nevertheless, I might add, just for the purpose of discussion, that the general rule is a one-year statute of limitations for filing suit for a tort (intentional or negligent act or omission to act) and ten years for something arising out of contract. That is in Louisiana. PTSD is something that smacks of damages/tort. So it would be one year from the time of the act; however, if the damages do not manifest themselves until later, I think a good case can be made for starting the statute of limitations running at the time the damage is discovered, and in your case the PTSD diagnosed. Therefore, you may still have time to get a tort suit filed so as to maintain your right of action. If the employer did something to violate an employment contract, and that caused your damages, then the statute of limitations in LA is ten years. These are just my off-the-cuff thoughts on your situation. Best of luck to you! Some of the worse types of personal injuries arising out of traumatic events are so-called psychic injuries, PTSD and such. Again, best of luck!
Sincerely,
Hardy Parkerson, Atty.
Lake Charles, LA
Re: How long after employment ends do I have to sue?
Unless there is a specific statute which applies, you usually have 1 year to file for damages.
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