Section 12-107 - Claims. - Maryland Statutes

§ 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)  Settlements.-  

(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. 
 

[CJ §§ 5-406, 5-407; 1984, ch. 268; ch. 284, § 1; 1985, ch. 538, § 2; 1986, ch. 396, § 1; 1994, ch. 565; 1996, ch. 446; 2005, ch. 174.]