# State Government (GSG)

## Title 12. Immunity and Liability

### Subtitle 1. Maryland Tort Claims Act

#### Section 12-107

(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 Sec. 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.

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Md. Code Ann., State Gov't (as displayed at mgaleg.maryland.gov, October 16, 2026)