Accidents happen, and they are often beyond our control. Such incidents can result in severe injuries, damages, and medical expenses. If you sustain an injury due to the negligence of a government agency in Maryland, you may wonder whether you can file a personal injury claim.
The short answer is yes, you can file a personal injury claim against a government agency in Maryland. However, the process is different from filing a claim against a private individual or company. This article explains the steps you need to take to file a personal injury claim against a government agency in Maryland and the laws that apply.
The Maryland Tort Claims Act (MTCA)
The Maryland Tort Claims Act (MTCA) is a statute that permits individuals to sue the Maryland government and its employees for damages caused by the negligence of a government agency. The MTCA allows an individual to sue for damages resulting from a tort committed by a state employee if the injury occurred in the course and scope of the employee’s employment duties.
Under the MTCA, you can sue a government agency for damages resulting from personal injury or property damage caused by the negligence of a government employee. However, there are limits to the amount of damages you can recover. The MTCA also bars individuals from pursuing punitive damages against the State or its employees.
Steps to Take When Filing a Claim Against a Government Agency
Filing a personal injury claim against a government agency can be a complex process. The following steps outline what you need to do to file a claim against a Maryland government agency:
Identify the government agency responsible for your injuries: Determine which Maryland government agency is responsible for your injuries. If you are not sure which agency is responsible, you can contact a personal injury attorney.
File a notice of claim: Before filing a lawsuit against a government agency, you must first file a notice of claim. This notice must be served on the Attorney General’s Office and the specific government agency at fault within one year of the injury. Failure to file the notice within one year may prohibit you from pursuing any claim against the government agency.
Wait for a response: After filing a notice of claim, the government agency has 180 days to investigate the claim and respond. The government agency may either accept liability, deny liability, or offer a settlement.
Hire an attorney: If the government agency denies liability or offers an unfavorable settlement, you may need to hire a personal injury attorney. An attorney can help you determine the next best course of action.
File a lawsuit: If you and your attorney determine that filing a lawsuit is the best option, you must do so within three years of the date of the injury.
Conclusion
Suing a government agency can be an intimidating process, but it is possible. The MTCA provides individuals with the right to sue government agencies for damages resulting from personal injury or property damage caused by the negligence of a government employee. However, filing a claim against a government agency involves specific steps and procedures that differ from filing a lawsuit against a private individual or company.
If you sustained an injury due to the negligence of a government agency, it is essential to act quickly and hire a personal injury attorney to help guide you through the legal process. An experienced attorney can help you file your notice of claim, negotiate a settlement, and, if necessary, file a lawsuit.