The Maryland Tort Claims Act governs claims against the state. The Maryland Local Government Tort Claims Act governs claims against counties, cities, and other local entities. Which one applies affects where you send notice, who investigates your claim, and how much compensation you can recover.
There is also an added layer of complexity when certain entities look local but are treated as part of the state under the law. Getting that classification right affects every step that follows, from where notice is sent to how the claim is evaluated.
Complete this form and our team will get back to you as soon as possible
In most personal injury cases, a person can bring a claim directly against whoever caused the harm, but that changes when the State of Maryland is involved. The state is generally protected from lawsuits under the doctrine of sovereign immunity, a legal principle rooted in the idea that a government cannot be sued without its consent. In practical terms, it means you cannot simply file a lawsuit against a state agency the way you would against a private individual or business. The state sets the rules for when it can be held accountable, and those rules are narrower than what applies in standard injury cases.
The MTCA applies to the state and its agencies, but identifying the correct defendant is not always straightforward. When a state employee causes harm while carrying out their job, the claim is usually brought against the state rather than the individual.
This applies in situations involving public services, state-run facilities, and government operations where Maryland state employee negligence is at issue. The key question is whether the employee was acting within the scope of their duties at the time.
There are also exceptions. A state employee can be sued personally if they acted outside the scope of their role, or if their conduct involved malice or gross negligence. These situations are less common and can be difficult to establish, but they change how liability is handled.
Another layer of complexity comes from how Maryland classifies certain entities. Some roles that appear local are treated as part of the state system under the law, and getting that classification wrong affects every step that follows.
Claims under the MTCA differ from standard personal injury cases in several practical ways, particularly in timing, procedure, and limits on recovery.
The timeline is more structured. While §5–101 of the Maryland Code allows most personal injury claims up to three years to file a lawsuit, claims involving the government require action much earlier, with notice deadlines that apply well before litigation begins.
The process also starts differently. Instead of filing a lawsuit straight away, a claimant must first send a formal claim letter that outlines the details of the injury and the compensation being sought.
There are also limits on recovery. Government claims are subject to statutory caps, which means compensation is restricted regardless of the severity of the injury.
For claims against the state, the notice requirement is a mandatory step that must be completed before a lawsuit can move forward.
Under the MTCA notice requirements, a claimant must send a written claim letter to the Maryland State Treasurer within one year of the injury.
The claim letter must include specific information, including:
Once the claim letter is submitted, the Treasurer’s Office will review and investigate the claim, similar to how an insurance company evaluates a claim. This process may involve gathering information from the relevant state agency and assessing whether the state may be responsible.
A claimant does not have to wait for this review to finish before filing a lawsuit, especially if the statute of limitations is approaching.
Contact Regan Zambri Long today for a free consultation on your personal injury case.
Claims against the state are subject to limits on the amount of compensation that can be recovered.
Under the MTCA, damages are capped at $400,000 per claimant for injuries arising from a single incident. This limit applies regardless of the severity of the injury.
There are limited exceptions where higher amounts may be available, such as certain constitutional violations or intentional conduct, but those situations are narrowly defined.
The claim letter must include the same type of information required for state claims, including details about the incident, the injuries involved, and the damages being sought.
Claims involving the Maryland Transit Administration introduce a third framework that does not fit neatly within either the state or local systems.
One meaningful difference from the MTCA framework is that there is no specific statutory cap on damages for MTA claims, unlike the $400,000 ceiling that applies to most state claims. Other limits may still apply — including Maryland’s cap on non-economic damages — but the absence of the MTCA’s hard ceiling can matter significantly in serious injury cases.
After a government-related injury, the most important step is to protect the information that will be needed to support your claim. The way the claim is handled depends on timing, documentation, and how clearly the incident is recorded from the outset.
A Maryland government claim involves multiple legal frameworks, and the process depends on identifying the correct one from the outset.
Working with a Maryland government negligence lawyer at Regan Zambri Long helps ensure that the claim is directed to the appropriate entity and handled in line with the required procedures. From preparing the claim letter to moving forward with litigation if needed, the focus is on handling each step correctly from the beginning.
Contact Regan Zambri Long today for a free consultation. One of our Maryland personal injury lawyers will reach out personally to review your situation and guide you through the requirements and your options.
Have you or your loved one sustained injuries in Washington DC, Maryland or Virginia? Regan Zambri Long PLLC has the best lawyers in the country to analyze your case and answer the questions you may have.