Maryland Code § CJ-5-401.1

Section CJ-5-401.1
Open in Lexace · Ask the AI about this section
(a) (1) A release of the claim of an injured individual for damages
resulting from a tort, signed by the injured individual within 30 days of the infliction
of the injuries without the assistance or guidance of an attorney at law, and any power
of attorney to or contract of employment with an attorney at law, with reference to
recovery of damages for the tort, signed by the individual within 30 days after the
infliction of the injuries, shall be voidable at the option of the injured individual
within 60 days after the day on which the individual signed the document.
(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.

‹ Prev All Maryland sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.