2022 Maryland Statutes
State Government
Title 12 - Immunity and Liability
Subtitle 1 - Maryland Tort Claims Act
Section 12-107 - Claims

    (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.

    (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.

    (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.

    (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.

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