§ 12-107
335 words·~2 min read·
/md/state-government/12-107·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§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.
(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.