2018 Maryland Code
State Government
Title 12 - Immunity and Liability
Subtitle 1 - Maryland Tort Claims Act
§ 12-107. Claims
(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 ยง 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.
