The Maryland Tort Claims Act (MTCA) allows for certain Maryland personal injury cases to be filed against the state and local governments. However, under the MTCA, cases that name government employees or agencies as defendants are subject to additional procedural requirements.
Under Maryland Code section 12-106, an injury victim must first file a claim with the State Treasurer before they can proceed with a personal injury case. Additionally, the following requirements must be met:
- The claim must be filed within one year of the incident and must provide the basis for the claim;
- The claim must be denied by the Treasurer; and
- Any subsequent personal injury case must be filed within three years of the date of the accident.
In the event that a claimant fails to comply with these requirements, the court may still hear the case unless the state can establish that it has been prejudiced as a result of the plaintiff’s failure to submit a claim.