Maryland Code, COURTS AND JUDICIAL PROCEEDINGS 5-401.1
Terms Used In Maryland Code, COURTS AND JUDICIAL PROCEEDINGS 5-401.1
- Contract: A legal written agreement that becomes binding when signed.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: includes an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, corporation, partnership, business trust, statutory trust, limited liability company, firm, association, or other nongovernmental entity. See
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
(2) (i) Notice that a release is voided under this subsection by the injured individual shall be:
1. In writing; and
2. Accompanied by the return of any money paid to the injured individual as a result of the signing of the release.
(ii) The release is void from the date that the notice is mailed.
(b) A person whose interest is or may become adverse to an injured individual who is confined to a hospital or sanitarium as a patient may not, within 15 days from the date of the occurrence causing the patient’s injury:
(1) Negotiate or attempt to negotiate a settlement with the patient;
(2) Obtain or attempt to obtain a general release of liability from the patient; or
(3) Obtain or attempt to obtain any statement, either written or oral from the patient, for use in negotiating a settlement or obtaining a release.
(c) Any settlement agreement entered into or any general release of liability made by any individual who is confined in a hospital or sanitarium after the individual incurs a personal injury may not be used in evidence in any court action relating to the injury and may not be used for any purpose in any legal action in connection with the injury if the settlement agreement or release is obtained contrary to the provisions of subsection (b) of this section.
(d) A release executed by an individual who has sustained personal injuries does not discharge a subsequent tort-feasor:
(1) Who is not a party to the release; and
(2) (i) Whose responsibility for the individual’s injuries is unknown at the time of execution of the release; or
(ii) Who is not specifically identified in the release.