A Claim Against the Government
Cts. & Jud. Proc. § 5-304 and State Gov't § 12-106 — notice within 1 year, to a local government or to the Treasurer
An action for unliquidated damages may not be brought against a Maryland local government or its employees unless written notice stating the time, place and cause of the injury is given within 1 year after the injury.
Who handles this in Maryland: legal aid programs and the state offices, listed in the Maryland directory.
The notice is given in person or by certified mail, return receipt requested. For a county it goes to the county commissioners or county council; for Baltimore City, to the City Solicitor; for Howard and Montgomery counties, to the County Executive; for Anne Arundel, Baltimore, Frederick, Harford and Prince George's counties, to the county solicitor or county attorney; and for any other local government, to its corporate authorities.
A claim against the State is submitted in writing to the Treasurer or a designee within 1 year after the injury to person or property. The Treasurer finally denies it before an action is instituted, and the action is filed within 3 years after the cause of action arises.
For good cause a court may hear the case without the notice unless the defendant shows its defense was prejudiced. For the State, the written claim is also excused where the State had actual or constructive notice of the injury within the year.
Which body is a local government, and whether an immunity applies, are questions for a licensed Maryland attorney.
Sources for this section (2)
- Md. Code, Cts. & Jud. Proc. § 5-304 — Notice of claim against a local government
- Md. Code, State Gov't § 12-106 — Notice of claim against the State
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Maryland attorney.