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Suing the State of Maryland, the Maryland Transit Administration, or a Local Government in Maryland: the Tort Claims Acts

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What is the Tort Claims Act?

A law that lets you sue a government for an injury is called a "Tort Claims Act." To sue the government or a government employee for an injury, you must follow all the normal rules for lawsuits and some additional rules.  The normal rules include filing your lawsuit within the time limits set by the statute of limitation.

Tort claims acts often require you to act more quickly. Often you must file your lawsuit within one year from the injury, and notify specific people about your injury and your plan to sue. The rules may also limit the amount you can win in your lawsuit. This article explains the additional rules that only apply when suing the government or its employees for an injury.  
 

Suing the State of Maryland or its' Employee

You can sue the State of Maryland for an injury caused by the State or one of its employees.  The Maryland Tort Claims Act (“MTCA”) contains the rules for this kind of lawsuit. The MTCA can be found in the State Government Article of the Maryland Code.

Steps you must take to sue the State or its employee under the MTCA:

  1. File a claim letter
    • Deliver a letter or claim to the Maryland State Treasurer stating why you believe the State (or its employee) did something wrong and why the State should be responsible for your injury.  This is called a "claim letter." 
    • Include the following information in your claim letter:
      • Name and addresses of the people involved.
      • Details of how, where, and when the injury occurred.
      • A description of the injury.
      • Specific damages you are seeking, such as a particular amount of money.
      • If you are represented by a lawyer, the lawyer's name, address, and telephone number.
      • Your signature and contact information.
    • You should send this claim letter to the Treasurer's Office within one year of the date that your injury occurred.  
    • If you miss the one year deadline to send a claim letter to the Treasurer, you can still file a lawsuit. However, the State may be able to claim that its ability to defend against the suit has been damaged by your failure to timely file the case. If the State can prove this, they can ask the court to dismiss your case.   The court will decide whether to allow your case to go forward. 
    • Read the Law: Md. Code, State Government § 12-106
  2. Investigation
    • When you file a claim letter, the Treasurer will investigate your claim, just like an insurance company would. The investigation may take some time. If you are running out of time to file your personal injury lawsuit under the statute of limitations, you don't need to wait for the Treasurer's response before filing.
  3. File a personal injury lawsuit
    • When you file the lawsuit, you must serve the complaint, the summons, and any other documents according to the Maryland Rules.  The fact that you sent the claim letter does not remove this requirement.
  4. Decision
    • If you win your lawsuit against the State, there is a limit on the amount the State may be required to pay you. Under MTCA, the state cannot be held liable to any one person for more than $400,000 for injuries arising from a single incident.  

Read the Law: Md. Code, State Government §§ 12-101 - 110; Md. Code, Courts and Judicial Proceedings § 5-522

 

Suing the Maryland Transit Administration or its employee:

There are different rules if you are trying to sue the Maryland Transit Administration ("MTA").  (The MTA operates the light rail and buses.) We will call these rules the MTA Tort Claims Act ("MTATCA")

  1. File a claim letter
    • Deliver a letter to the MTA stating why you believe the MTA (or its employee) did something wrong and why the MTA should be responsible for your injury.  This is called a "claim letter."   
    • Include the following information in your claim letter:
      • Name and addresses of the people involved.
      • Details of how, where, and when the injury occurred.
      • A description of the injury.
      • Specific damages you are seeking, such as a particular amount of money.
      • If you are represented by a lawyer, the lawyer's name, address, and telephone number.
      • Your signature and contact information.
    • You should send this claim letter to the MTA within one year of the date that your injury occurred.  
    • If you miss the one year deadline to send a claim letter to the MTA, you can still file a lawsuit. However, the MTA may be able to claim that its ability to defend against the suit has been damaged by your failure to timely file the case. If the MTA can prove this, they can ask the court to dismiss your case.   The court will decide whether to allow your case to go forward. 
  2. Investigation
    • If you do file a claim letter, the MTA will investigate your claim, just like an insurance company would. The investigation may take some time. If you are running out of time to file your personal injury lawsuit under the statute of limitations, you don't need to  wait for the MTA's response before filing
  3. File a personal injury lawsuit
    • When you file the lawsuit, you must serve the complaint, the summons, and any other documents according to the Maryland Rules.  The fact that you sent the claim letter does not remove this requirement.
  4. Decision
    • Unlike the State (under the MTCA) or a local government (under the LGTCA), if you win your lawsuit against the MTA, there is no limit on the amount that the MTA may be required to pay to you under the MTATCA. However, there may be other limitations on the amount of damages you can receive. For example, there may be a limitation on non-economic damages.

Read the Law: Md. Code, Courts and Judicial Proceedings § 11-108

 

Suing State employees personally

State employees can rarely be sued personally.  There are exceptions.  State employees can be sued personally for actions that do not take place as a part of their work for the State.  They can also be sued personally, even for actions that take place as a part of their state work, if they act with “malice” or “gross negligence”.  Both malice and gross negligence have specific legal definitions, are rare, and are difficult to prove.  

If one of these exceptions applies, and you sue the employee personally, then the state does not have to pay you. Rather, you will have to collect from the employee.

Read the Law: Md. Code, Courts and Judicial Proceedings § 5-522

 

Suing a county or local government or employee

If you sustain an injury caused by an employee of a county, city, or another local government, you have the option to sue them. The rules for this kind of lawsuit are found in the Local Government Tort Claims Act ("LGTCA").

If the employee's action takes place as part of their work for the local government, the local government may end up paying for the damages caused by the employee. Usually, the local government will defend its employees and may pay the damages or settlement for them. However, if the employee acts with "malice" or "gross negligence," then the local government may not be responsible to pay any damages. 

Steps you must take to sue a county or local government or its employee under the LGTCA:

File a claim letter

  • Deliver a letter (in person or through certified mail) to the local government, stating why you believe the government or its employee did something wrong and why the government should be responsible.  This is called a "claim letter."   
  • Include the following information in your claim letter:
    1. Names and addresses of the people involved.
    2. Details of how, where, and when the injury occurred. 
    3. A description of the injury. 
    4. Specific damages you are seeking, such as a particular amount of money;
    5. If you are represented by a lawyer, the lawyer's name, address, and telephone number.
    6. Your signature and contact information. 
  • You should send this claim letter to the offices listed below, within one year of the date that your injury occurred.   Depending on which government is involved, you must send the claim letter to:
    • Baltimore City: to the City Solicitor.
    • Howard County or Montgomery County: to the County Executive
    • Anne Arundel County, Baltimore County, Frederick County, Harford County, or Prince George's County: to the County Solicitor or County Attorney.
    • Other counties that are not mentioned above: to the County Commissioners or County Council of the defendant local government.
    • Other local governments that are not mentioned above: to the corporate authorities of the defendant local government.
    • Read the Law: Md. Code, Courts and Judicial Proceedings § 5-304(c)(3)
  • If you miss the one year deadline to send a claim letter to the local government, you can still file a lawsuit, but the local government may be able to claim that their ability to defend against the suit has been damaged by your failure to timely file the case. If the local government can prove this, they can ask the court to dismiss your case.   The court will decide whether to allow your case to go forward.

Investigation

  • When you send a claim letter, the local government will investigate your claim, just like an insurance company would. The investigation may take some time. If you are running out of time to file your lawsuit under the statute of limitations, you do not need to wait for the local government's response before filing.

File a personal injury lawsuit

  • When you file the lawsuit, you must serve the complaint, the summons, and any other documents according to the Maryland Rules.  The fact that you sent the claim letter does not remove this requirement.

Decision

  • If you win your lawsuit, there is a limit on the amount that you can collect. Under LGTCA, the local government cannot be held liable to any one person for more than $400,000, or in total for more than $800,000 for injuries arising from a single incident.  
    • Note: the amount is higher if the injury was caused by 
      • an intentional tort
      • a violation of a constitutional right committed by a law enforcement officer
      • injury resulting from sexual abuse

Read the Law: Md. Code, Courts and Judicial Proceedings § 5-303

 

Suing a fellow local government employee

Q: Can a local government employee sue a fellow employee?

A: If the injury is payable under the Maryland Worker’s Compensation Act, then an employee cannot sue a fellow employee for an injury or omission committed within the scope of employment.  

Read the Law: Md. Code, Courts and Judicial Proceedings § §5-302

 

Alternatives to a lawsuit

A lawsuit is not the only solution. If the government’s investigation reveals that the government is legally responsible for your injury, the government may choose to resolve the case without going to court, by approving the claim and either paying part or all of the claim, or sometimes negotiating or mediating a settlement. However, if this does not work, your next step may be a lawsuit.

 

Source
Contributors: Chaitra Gowda, Peiqi Huang, and Samin Peirovi, Practicing pursuant to Rule 16 of the Rules Governing Admission to the Bar of Maryland – University of Maryland Francis King Carey School of Law (Summer 2014); updated by Elizabeth Adams, Esq.; updated by Web Services Librarian
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