Is there is anytime limit in Mont County to send intent to sue letter and notify them for claims against the county?

Asked over 1 year ago - Rockville, MD

My property was damaged caused by a construction company that was working for Mont County. The construction company insurance company is playing around as they all do for larger claims. Damages to over 50 thousand. We have spoke to that department in Mont County who hired the contractor and they know its their fault and forced the construction company to file a liability claim on their insurance but insurance company is playing around trying to come with something and deny it.

How long do I have officially to notify the county in writing and send intent to sue letter ? does this letter has to be send to Mont County Risk Management office too?

how does this work in Mont County?

Attorney answers (3)

  1. Mark William Oakley

    Contributor Level 18

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    Lawyers agree

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    Answered . 180 days from the date of the injury/damage, served on the appropriate official in writing containing the specific information required by the statute. If you are suing Montgomery County, you must personally serve (or mail by certified mail, return receipt requested) the County Executive. The notice must state the time, place and cause of the injury in sufficient detail to apprise the County of enough information to understand and investigate the claim. You should use a lawyer so as not to prejudice your claim.

  2. David J Kaminow

    Contributor Level 3

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    Lawyers agree

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    Answered . Generally in Maryland, when suing a county, you must notify the county no more than 180 days following the event. If the suit is against the state, the state must be notified within one year. However, the rules with respect to contract disputes and tort cases may differ, and it is important to make sure that you have a firm grasp on which type of case you are pursuing. From the sounds of your question, it appears as though you are looking at a tort action, but, again, it pays to make sure.

    Also, be sure to name the correct defendant if you are filing suit. Generally, the correct defendant is the actual tort-feasor, NOT the county. Finally, be sure that, if you do file a Complaint, you affirmatively allege that you properly notified the county. A recent case has held that this is essential.

    Causes of action against a county can be quite tricky. It probably makes sense to at least consult with an attorney to be sure you are on the right track.

  3. Thomas Richelo

    Contributor Level 14

    1

    Lawyer agrees

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    Answered . You should get a lawyer right away. $50,000 in damages is worth pursuing the right way. As pointed out, there are special rules for claims against governmental entities and lawyers are experienced in meeting those requirements. Good luck.

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