Home Table of Contents

§ 12-107. Claims

West's Annotated Code of MarylandState Government

West's Annotated Code of Maryland
State Government (Refs & Annos)
Title 12. Immunity and Liability (Refs & Annos)
Subtitle 1. Maryland Tort Claims Act (Refs & Annos)
MD Code, State Government, § 12-107
§ 12-107. Claims
Form
(a) A claim under this subtitle shall:
(1) contain a concise statement of facts that sets forth the nature of the claim, including the date and place of the alleged tort;
(2) demand specific damages;
(3) state the name and address of each party;
(4) state the name, address, and telephone number of counsel for the claimant, if any; and
(5) be signed by the claimant, or the legal representative or counsel for the claimant.
Consideration
(b) The Treasurer may:
(1) consider a claim for money damages under this subtitle or delegate wholly or partly this responsibility to other State personnel; and
(2) contract for any support services that are needed to carry out this responsibility properly.
Settlement
(c)(1) In this section, “structured settlement” means a plan for the payment of a settlement or judgment to a claimant for damages in periodic installments.
(2) Unless a contract with a private insurer provides otherwise, the Treasurer or designee may compromise and settle a claim for money damages after the Treasurer or designee consults with the Attorney General.
(3) The State may enter into a structured settlement to the extent permitted in § 12-104(a)(2) of this subtitle.
(4) If a structured settlement is entered into, the State and the claimant shall select the investment company by mutual agreement.
(5) The acceptance of a settlement by a claimant is, as to that claimant:
(i) final; and
(ii) a complete release of each claim arising from the same cause of action against:
1. the State;
2. each of its units; and
3. all State personnel.
Final denial
(d) A claim under this subtitle is denied finally:
(1) if, by certified mail, return receipt requested, under a postmark of the United States Postal Service, the Treasurer or designee sends the claimant, or the legal representative or counsel for the claimant written notice of denial; or
(2) if the Treasurer or designee fails to give notice of a final decision within 6 months after the filing of the claim.

Credits

Added as State Government § 12-106 by Acts 1984, c. 284, § 1, eff. Oct. 1, 1984. Amended by Acts 1984, c. 268, § 1, eff. Oct. 1, 1984. Renumbered as State Government § 12-107 by Acts 1985, c. 538, § 2, eff. July 1, 1985. Amended by Acts 1985, c. 538, § 2, eff. July 1, 1985; Acts 1986, c. 396, § 1, eff. July 1, 1986; Acts 1994, c. 565, § 1, eff. Oct. 1, 1994; Acts 1996, c. 446, § 1, eff. Oct. 1, 1996; Acts 2005, c. 174, § 1, eff. July 1, 2005.

Editors' Notes

HISTORICAL AND STATUTORY NOTES
1994 Legislation
Acts 1994, c. 565, § 2, provides:
“SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed only prospectively and may not be applied or interpreted to have any effect on or application to any cause of action arising before the effective date of this Act.”
2005 Legislation
Acts 2005, c. 174, § 1, in subsec. (c)(1), substituted “settlement or judgment” for “judgment”; and, in subsec. (c)(4), substituted “the State and the claimant” for “the claimant” and inserted “by mutual agreement”.
Prior Laws:
State Government § 12-107, added by Acts 1984, c. 284, § 1, related to actions, renumbered as State Government § 12-108 by Acts 1985, c. 538, § 1, eff. July 1, 1985.
MD Code, State Government, § 12-107, MD STATE GOVT § 12-107
Current through all legislation from the 2017 Regular Session of the General Assembly
End of Document© 2017 Thomson Reuters. No claim to original U.S. Government Works.