Injury Claims Against Maryland Governments

Which law applies when a Maryland government injures you?

In Maryland, claims against counties, cities, and other local bodies are governed by the Local Government Tort Claims Act (LGTCA), found in Title 5, Subtitle 3 of the Courts and Judicial Proceedings Article, while claims against the State and its agencies are governed by the Maryland Tort Claims Act (MTCA), found in Title 12, Subtitle 1 of the State Government Article. Identifying the right defendant is the first step, because the notice rules, the person who must receive notice, and the damages limits all differ.

The LGTCA's list of "local governments" is broader than most people expect. Beyond counties, Baltimore City, and municipalities, it includes the Maryland-National Capital Park and Planning Commission, the Washington Suburban Sanitary Commission, community colleges, county public libraries, housing authorities, and special taxing districts (Md. Code, Cts. & Jud. Proc. § 5-301(d)). In Montgomery and Prince George's Counties, that covers county-run bus systems such as Ride On and TheBus, county police, park facilities, and water and sewer work crews.

What is the LGTCA notice deadline in Maryland?

In Maryland, a suit for unliquidated damages against a local government or its employees generally cannot proceed unless written notice of the claim is given within one year after the injury, stating the time, place, and cause of the injury (Md. Code, Cts. & Jud. Proc. § 5-304(b)). The notice must be delivered in person or sent by certified mail, return receipt requested, bearing a U.S. Postal Service postmark (§ 5-304(c)(1)).

Who receives the notice depends on the defendant (§ 5-304(c)(2) to (4)):

There are two safety valves. A court may hear a suit despite missing notice on motion and for good cause shown, unless the government proves its defense was prejudiced (§ 5-304(d)). And the notice requirement does not apply if, within one year, the local government had actual or constructive notice of the injury or of the defect or circumstances that caused it (§ 5-304(e)). Neither is something to rely on. We send a compliant notice early, so the case never depends on a judge's discretion. Our post on Maryland's LGTCA notice letter and the one-year trap explains what goes wrong.

How much can you recover from a Maryland county or city?

A Maryland local government's liability is limited to $400,000 per individual claim and $800,000 for all claims arising from the same occurrence, not counting post-judgment interest (Md. Code, Cts. & Jud. Proc. § 5-303(a)(1) and (2)). When the claim arises from intentional torts or constitutional violations by a law enforcement officer, the combined limit is $890,000 for all claims from the same incident (§ 5-303(a)(3)). A local government may not be held liable for punitive damages (§ 5-303(c)(1)).

The LGTCA also makes the local government responsible for judgments against its employees for torts committed within the scope of employment (§ 5-303(b)), and it preserves the defenses and immunities that existed as of June 30, 1987 (§ 5-303(d) and (e)). Those older immunities are where many county cases are fought, and they turn on what the government was doing when you were hurt.

How do you file a claim against the State of Maryland?

In Maryland, you generally cannot sue the State under the Maryland Tort Claims Act unless you first submit a written claim to the State Treasurer or the Treasurer's designee within one year after the injury, the claim is finally denied, and the lawsuit is filed within three years after the cause of action arises (Md. Code, State Gov't § 12-106(b)).

The claim must give a concise statement of the facts, including the date and place of the incident; demand a specific amount of damages; list the name and address of each party and of the claimant's lawyer; and be signed (Md. Code, State Gov't § 12-107(a)). If the Treasurer does not issue a final decision within six months after the claim is filed, the claim is treated as finally denied (§ 12-107(d)(2)). As with the LGTCA, a court may excuse a missed claim for good cause absent prejudice, and the requirement does not apply if the State had actual or constructive notice within the year (§ 12-106(c)).

State claims include crashes with State-owned vehicles, injuries caused by State Highway Administration road work, and injuries in State facilities. Our post on why a $2 million jury verdict against the State became $400,000 shows how the limits work in practice.

What are the MTCA damages limits and immunities?

Under the MTCA, the State waives its immunity for tort actions in Maryland state courts, but its liability may not exceed $400,000 to a single claimant for injuries from a single incident (Md. Code, State Gov't § 12-104(a)). For intentional torts or constitutional violations by law enforcement, a combined $890,000 limit applies to all claims from the same incident.

The State does not waive immunity for punitive damages, interest before judgment, or conduct of State personnel that is outside the scope of their public duties or done with malice or gross negligence (Md. Code, Cts. & Jud. Proc. § 5-522(a)). In ordinary negligence cases, State employees acting within the scope of their duties and without malice or gross negligence are personally immune (Md. Code, State Gov't § 12-105; Cts. & Jud. Proc. § 5-522(b)), so the claim runs against the State, not the driver. Authorized use of a State vehicle, including commuting, is within the scope of public duties (§ 5-522(c)(1)).

What about school buses and county boards of education?

County boards of education are not on the LGTCA's list of local governments; their liability is governed by a separate statute. A county board may not raise sovereign immunity to any claim of $400,000 or less, and above that it may raise immunity for amounts over its insurance limit or, if it is self-insured or in a risk pool, over $400,000 (Md. Code, Cts. & Jud. Proc. § 5-518(b) and (c)).

The board must be joined in a suit against a board employee for conduct in the scope of employment, and an employee acting without malice or gross negligence is not personally liable (§ 5-518(d) and (e)). In a school bus crash, we determine early who employed the driver and who owned the bus, because that decides which statute, which limits, and which insurance apply.

How do governments defend these claims, and how do we respond?

• "Notice was late or went to the wrong office." We serve notice on the correct official, by a method the statute allows, well inside the year, and we keep the postmarked proof.
• "Governmental immunity applies." Local governments assert immunities preserved by § 5-303(e). We analyze the specific activity involved, because those defenses depend on the facts.
• "The employee was outside the scope of employment." That argument can shift the case to the employee personally. We plead and prove the facts that tie the conduct to the job.
• "Our recreational property is protected." Maryland's Recreational Use Statute can limit liability for land opened to the public for recreation, but in 2025 the Supreme Court of Maryland held it did not shield Baltimore City from a cyclist's claim on an Inner Harbor promenade the City had made part of its transportation network (Mayor & City Council of Baltimore v. Wallace, 492 Md. 349 (2025)).

Evidence checklist for a claim against a Maryland government

• The vehicle number, route number, or unit number of any government vehicle
• The exact location, with photos of the road, sidewalk, signal, or structure
• The agency that responded and its report number
• Names of the employee involved and any witnesses
• A dated copy of every notice or claim sent, with certified mail receipts
• Medical records and bills, and proof of lost income

What if a federal agency or WMATA was involved?

Federal vehicles and property fall under the Federal Tort Claims Act, which has its own administrative claim process; see our Federal Tort Claims Act page. Metrobus and Metrorail are operated by WMATA, an interstate agency, and those claims follow different rules; see our page on WMATA and Metro injuries. For comparison, see how claims work against the District of Columbia and against Virginia governments.

Who handles Maryland government claims at our firm?

Ryan Posey and Jacob Lebowitz are admitted in Maryland and handle claims against county and State defendants, including in the Circuit Court for Montgomery County in Rockville and the Circuit Court for Prince George's County in Upper Marlboro. See the local notice rules on our Montgomery County and Prince George's County pages, or start with our Maryland personal injury overview. Crash victims should also read our page on Maryland car accident claims.

Related reading

• Maryland's LGTCA notice letter: the one-year trap in claims against local governments
• Hurt by the State of Maryland? Why a $2 million jury verdict became $400,000
• Maryland's Police Accountability Act and higher damages caps for police misconduct
• Maryland's Recreational Use Statute: why not paying to get in doesn't automatically kill your injury claim
• Baltimore's rental scooters and city liability
• DMV Injury Guide: injured by a government vehicle, on Metro, or on public property
• DMV Injury Guide: why you should talk to a lawyer early

Responsible attorneys: Ryan C. Posey and Jacob M. Lebowitz. Posey Lebowitz PLLC, 3221 M Street NW, Washington, DC 20007.