Maryland Code, STATE GOVERNMENT 12-107
Terms Used In Maryland Code, STATE GOVERNMENT 12-107
- certified mail: includes "registered mail"; and
(3) "registered mail" includes "certified mail". See - Contract: A legal written agreement that becomes binding when signed.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- including: means includes or including by way of illustration and not by way of limitation. See
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- state: means :
(1) a state, possession, territory, or commonwealth of the United States; or
(2) the District of Columbia. See - Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
(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, 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.