§ 12–107
Statutes in effect as of October 1, 2026.
Md. Code Ann., State Gov't § 12-107 (2026)
Title 12. Immunity and Liability
Subtitle 1. Maryland Tort Claims Act
§ 12–107LinkCopy Citation
(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 the Treasurer or designee sends the claimant, or the legal representative or counsel for the claimant written notice of denial by:
(i)
e–mail; or
(ii)
regular mail, if regular mail is the only available means of notifying the claimant; or
(2)
if the Treasurer or designee fails to give notice of a final decision within 6 months after the filing of the claim.