Wrongful Death Claims in Guam: Your Family's Rights

Losing a family member in Guam due to someone else's negligence is devastating. Guam law gives surviving family members the right to hold the responsible party financially accountable — but the rules differ from California in important ways. Understanding these differences is critical to protecting your family's rights.

Wrongful Death Law in Guam

Guam's wrongful death statute (6 G.C.A. § 2101 et seq.) allows the personal representative of the deceased person's estate to bring a wrongful death action on behalf of the surviving family members. This is different from California, where the surviving family members file directly. In practice, the personal representative is typically a surviving spouse, adult child, or other close family member appointed by the court.

Common causes of wrongful death cases in Guam include fatal car accidents, workplace fatalities, medical malpractice at Guam Memorial Hospital or private clinics, and premises liability accidents.

Who Can Recover in a Guam Wrongful Death Case?

Under Guam's wrongful death statute, the damages recovered are distributed to the deceased person's heirs — typically:

• Surviving spouse
• Children (including adopted children)
• Parents (if no spouse or children survive)
• Other dependents, in some circumstances

The distribution follows Guam's intestate succession laws unless the deceased had a will specifying otherwise.

What Damages Are Available?

Guam's wrongful death statute allows recovery for:

• Loss of financial support: Income the deceased would have earned
• Loss of services: Household and childcare services
• Loss of companionship and consortium
• Funeral and burial expenses
• Pre-death medical expenses and pain and suffering (through a survival action)

Government Entity Involvement: The 90-Day Rule

If the death involved any Government of Guam entity — including GovGuam vehicles, government-owned property, or Guam Memorial Hospital — the Guam Government Claims Act (5 GCA § 6106) requires that you file an administrative claim within 18 months after the claim arises. This is a strict prerequisite to filing a lawsuit. Missing this deadline can permanently bar your family's claim against the government.

Government entities involved in Guam wrongful death cases can include: Government of Guam vehicles, Guam Memorial Hospital, Guam Department of Public Works (road defects), Guam Waterworks Authority, and the University of Guam.

Frequently Asked Questions

Is Guam wrongful death law the same as California's?

No. The key differences are: (1) in Guam, the personal representative of the estate files the claim, not the family members directly; (2) Guam's government administrative claim requirement is 18 months (5 GCA § 6106), not 6 months; and (3) Guam follows modified comparative fault (not pure comparative fault like California), which means you cannot recover if the deceased was 50% or more at fault (18 GCA § 90108).

What if the death occurred at Guam Memorial Hospital?

Guam Memorial Hospital is a government entity. Medical malpractice wrongful death claims against GMH require a 18-month administrative claim under the Guam Tort Claims Act (5 GCA § 6106) under the Guam Tort Claims Act. These cases also require expert medical testimony. Contact an attorney immediately — the 18-month clock starts from the date of death.

Can we file in both Guam and California courts?

Generally no — you file in the jurisdiction where the death occurred or where the defendant is located. If the deceased lived in California but died in Guam, there may be complex jurisdictional issues. An attorney with licenses in both jurisdictions can advise you on the best forum.