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2017 Maryland Code
Title 12 - Immunity and Liability
Subtitle 1 - Maryland Tort Claims Act
§ 12-107. Claims
Universal Citation: MD State Govt Code § 12-107 (2017)
- (a) Form. -- 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.
- (b) Consideration. -- 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.
- (c) Structured settlement. --
- (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.
- (d) Final denials. -- 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.
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