Maryland Notice of Claim

Introduction

Key Things to Know

1. 1

   The deadline is strict. Both tracks give 1 year after the injury, and missing it can bar the claim. Reading the statute or contacting the Treasurer's Office or the county attorney confirms the current rule for your claim.

2. 2

   State track (State Government 12-106, Maryland Tort Claims Act): the claimant submits a written claim to the State Treasurer or the Treasurer's designee within 1 year after the injury to person or property that is the basis of the claim.

3. 3

   Local track (Courts and Judicial Proceedings 5-304, Local Government Tort Claims Act): for an action for unliquidated damages, notice is due within 1 year after the injury. It states the time, place and cause of the injury.

4. 4

   Local notice is given in person or by certified mail, return receipt requested, bearing a United States Postal Service postmark, by the claimant or the claimant's representative. It goes to the county commissioners or county council; in Baltimore City, the City Solicitor; in Howard and Montgomery, the County Executive; in Anne Arundel, Baltimore County, Frederick, Harford and Prince George's, the county solicitor or county attorney; for other local governments, the corporate authorities.

5. 5

   A State claim (12-107(a)) contains a concise statement of facts that sets forth the nature of the claim, including the date and place of the alleged tort, and demands specific damages. It also gives the name and address of each party, counsel's name, address and phone if any, and the signature of the claimant, legal representative or counsel.

6. 6

   The Treasurer has 6 months to give a final decision. If no notice of a final decision is given within 6 months after the claim is filed, the claim is finally denied. A State suit may be brought only after final denial and must be filed within 3 years after the cause of action arises.

7. 7

   On motion and for good cause shown, a court may entertain the suit even though the required notice was not given, unless the government shows its defense was prejudiced. The notice requirement also does not apply if the entity had actual or constructive notice of the injury within 1 year.

Maryland Requirements for Notice of Claim

• State Claim Deadline

  SG 12-106: a written claim to the State Treasurer or the Treasurer's designee within 1 year after the injury to person or property that is the basis of the claim.

• Local Notice Deadline

  CJP 5-304: for an action for unliquidated damages against a local government, notice within 1 year after the injury, stating the time, place and cause of the injury.

• Local Recipient and Delivery

  CJP 5-304: county commissioners or county council, or the official named for the jurisdiction, in person or by certified mail, return receipt requested, bearing a USPS postmark.

• Deemed Denial and State Suit Deadline

  SG 12-107(d): no final decision within 6 months after filing is a final denial. SG 12-106(b): sue only after final denial and within 3 years after the cause of action arises.

• Missed Notice Relief

  SG 12-106(c); CJP 5-304(d), (e): a court may entertain the suit for good cause unless the defense was prejudiced, and notice is excused if the entity had actual or constructive notice within 1 year.

• Damages Limits

  State: $400,000 per claimant per incident (SG 12-104). Local: $400,000 per claim and $800,000 per occurrence (CJP 5-303). $890,000 law-enforcement tier. No punitive damages.

• State Claim Contents

  SG 12-107(a): a concise statement of facts with the date and place of the tort, a demand for specific damages, each party's name and address, counsel's details if any, and a signature.