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.