Guam Personal Injury Statute of Limitations: What You Need to Know
· Guam Law · 4 min read
By Morgan D. Ross, Esq. · Reviewed by Robert B. Salgado, Esq.
Injured in Guam? You have 2 years to file a personal injury claim — but the rules for government entities are very different. Missing the 18-month administrative claim requirement (5 GCA § 6106) can destroy your case.
If you were injured in Guam, you have 2 years from the date of your injury to file a personal injury lawsuit. This is the same as California — but Guam has additional rules that can dramatically shorten your deadline if a government entity is involved.
The 2-Year General Rule
Under Guam law (7 GCA § 11306(a)), the statute of limitations for personal injury claims is 2 years from the date of injury. This applies to car accidents, slip and falls, dog bites, workplace injuries, and most other personal injury claims against private individuals and businesses.
The Critical Exception: Government Claims
If your injury involved a government entity — the Government of Guam, a government vehicle, a government-owned property, or a government employee acting in their official capacity — the rules are very different and much more strict.
Under the Guam Tort Claims Act, you must file a written notice of claim with the Attorney General of Guam within 18 months (5 GCA § 6106) of the injury. This is not a lawsuit — it's a preliminary notice that you intend to make a claim. If you miss this 18-month window, you lose your right to sue the government entirely.
Common Government Entities in Guam Injury Claims
- Government of Guam vehicles (GovGuam cars, buses, trucks)
- Guam Department of Public Works (road defects, potholes, poor signage)
- Guam Police Department vehicles
- Guam Memorial Hospital (medical malpractice)
- Department of Education (school premises injuries)
- Government-owned parks and recreational facilities
- U.S. military bases (separate federal rules apply)
U.S. Military Base Injuries: Federal Rules Apply
If you were injured on a U.S. military base in Guam, different rules apply. Claims against the federal government are governed by the Federal Tort Claims Act (FTCA), which requires filing an administrative claim with the appropriate federal agency within 2 years of the injury. You cannot sue the federal government directly without first exhausting this administrative process.
Injuries to Minors
If the injured person was under 18 at the time of the accident, the 2-year statute of limitations is tolled (paused) until they turn 18. However, the 18-month government claims deadline (5 GCA § 6106) requirement may still apply — consult an attorney promptly if a minor was injured by a government entity.
What to Do After an Injury in Guam
- Seek medical attention at Guam Memorial Hospital or a private clinic
- Document everything — photos, witness information, police report number
- Identify whether a government entity was involved — this determines whether the 18-month administrative claim requirement (5 GCA § 6106) applies
- Contact an attorney immediately — the 90-day window moves fast
- Don't give a recorded statement to any insurance company or government representative without legal counsel
HellaHurt Serves Guam
Counterpoint Legal has attorneys licensed in Guam who handle personal injury claims throughout the island — from Tamuning and Dededo to Hagåtña and Yona. We understand Guam's unique legal landscape, including the government claims process and the interaction between Guam law and federal law on military bases.
Call our Guam office at (800) 671-5949 for a free consultation.
Frequently Asked Questions
Does Guam have a comparative fault rule like California?
Yes. Guam follows a modified comparative fault rule (18 GCA § 90108). You can recover compensation as long as you were less than 50% at fault. If your negligence is not as great as the defendant's (i.e., you are less than 50% at fault, per 18 GCA § 90108), your recovery is reduced by your percentage of fault.
Can I file a claim in both Guam and California?
Generally, you file in the jurisdiction where the injury occurred. If you were injured in Guam, you file in Guam. However, if a California-based company or individual caused your injury in Guam, there may be grounds for jurisdiction in California. An attorney can evaluate your specific situation.
What if I was injured by a tourist or visitor to Guam?
You can still file a claim against a non-resident. If the at-fault party has left Guam, your attorney can pursue them through their home state's courts or through their insurance company. The 2-year statute of limitations still applies.
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