Maryland Trucking Accident Lawyer Blog
Individuals who suffer injuries because of the negligence of a government entity or employee must overcome challenges to file a personal injury lawsuit against the government. Maryland injury victims must understand the Maryland Tort Claims Act (MTCA) if they want to recover damages for their injuries successfully.
Historically, citizens have not been permitted to sue government agencies or employees. However, in an attempt to address the inherent unfairness of this archaic rule, state lawmakers enacted the MTCA to provide Maryland injury victims with some recourse against negligent government actors. The MTCA covers various Maryland state and government employees, as long as they are paid by the Central Payroll Bureau of the Treasury. Additionally, the statute covers county, city, and local government employees and entities, such as the Maryland Transportation Authority, local employees who work for social services, judges in some courts, and sheriffs in Baltimore City.
Maryland accident victims must comply with the statute to avoid dismissal. For example, an appellate court in another jurisdiction recently dismissed a plaintiff’s lawsuit against the government. In that case, the victim rear-ended a stopped waste removal truck while the truck was on the side of the highway. The victim filed a lawsuit against the municipality, alleging that the truck driver was negligent. The appellate court found that the plaintiff did not establish negligence and failed to comply with the state’s torts claims act.
To fulfill the MTCA’s requirements, the plaintiff must submit a written notice of claim to the state treasurer or their designee within one year of the injury. Maryland injury victims must substantially comply with the notice requirement to prevent dismissal. Although substantial compliance may seem like a reasonable standard, Maryland courts have frequently dismissed cases that were just a few days past the filing deadline. Moreover, certain government agencies have additional sets of rules regarding notice. It is essential to consult with a Maryland injury attorney to ensure compliance.
The written notice must include the nature of the accident, the basis of the tort claim, and the requested damages. A Maryland injury attorney can advise injury victims and assist them in preparing this statement. Additionally, victims must be aware of the caps on damages in Maryland government personal injury lawsuits. The Maryland General Assembly recently increased the damage cap to $400,000 per victim and $800,000 per event.
Have You Been Injured as a Result of a Government Employee’s Negligence?
If you sustained injuries because of the negligence of another person or government agency, you should contact the experienced Maryland truck accident lawyers and neglect attorneys at Lebowitz & Mzhen. The attorneys at the law firm have recovered over $55 million for their clients and have extensive experience handling all types of Maryland accident lawsuits. We can advise injury victims of their rights and potential remedies, which may include monetary compensation. Compensation often includes payments for past and future medical expenses, property damage, and pain and suffering. If you believe your injuries are because of another’s negligence, contact the law firm to discuss a potential settlement or lawsuit against the culpable party. Contact the law firm at 800-654-1949 to schedule your free initial consultation.