Guam Wrongful Death Lawyers — HellaHurt
Injured in a wrongful death in Guam? HellaHurt's licensed Guam attorneys fight for full compensation for your documented losses for victims throughout the island. Free case evaluation. No fees unless we win. Call (800) 671-5949.
What to Do After a wrongful death in Guam
The steps you take immediately after a wrongful death in Guam can affect the information available for a later legal review. Consider these practical steps:
- Seek immediate medical care: Go to Guam Memorial Hospital Authority (GMHA) in Tamuning or Guam Regional Medical City (GRMC) in Dededo. Medical records are critical evidence in your claim.
- Report the incident: File a police report with the Guam Police Department (GPD) or the relevant authority. For workplace injuries, report to your employer immediately.
- Document everything: Photograph the scene, your injuries, and any property damage. Collect names and contact information for all witnesses.
- Preserve evidence: Surveillance footage on Guam is typically overwritten within 30–60 days. Act quickly to preserve critical evidence.
- Watch the deadlines: Standard claims: 2 years. GovGuam claims: administrative claim within 18 months (5 GCA § 6106). Military/FTCA claims: administrative claim within 2 years. Missing these deadlines can bar your claim. A late-claim application may be available in limited circumstances within one year under Gov. Code section 911.4 -- speak with an attorney immediately.
- Contact HellaHurt: Call (800) 671-5949 for a free case evaluation before speaking with any insurance adjuster.
Guam Wrongful Death Law
Statute of limitations: a Guam wrongful death action must be filed within two years of the date of death (7 GCA § 11306(a)). Where the victim survived the accident for a period before dying, the clock runs from death, not from the accident.
Governing statute: Guam's wrongful death action is created by 7 GCA § 12109. Section 12109(b) sets out who may sue: the decedent's heirs under 15 GCA Division 3; a putative spouse, stepchildren or parents who were dependent on the decedent; and a minor who lived in the decedent's household for the 180 days before death and depended on the decedent for at least half of their support.
Survival action: separately, 19 GCA § 31104 allows the estate to pursue claims the decedent held at death — but Guam's survival statute permits no recovery for the decedent's pain and suffering and no punitive damages, which is a significant difference from California.
If the defendant is the Government of Guam: the Government Claims Act deadlines and caps below apply instead of the ordinary rules.
Guam Wrongful Death and Survival Claims
Statute of limitations: a Guam wrongful death action must be filed within two years of the date of death (7 GCA § 11306(a)). Where the victim survived the accident for a period before dying, the clock runs from death, not from the accident.
Governing statute: Guam's wrongful death action is created by 7 GCA § 12109. Section 12109(b) sets out who may sue: the decedent's heirs under 15 GCA Division 3; a putative spouse, stepchildren or parents who were dependent on the decedent; and a minor who lived in the decedent's household for the 180 days before death and depended on the decedent for at least half of their support.
Survival action: separately, 19 GCA § 31104 allows the estate to pursue claims the decedent held at death — but Guam's survival statute permits no recovery for the decedent's pain and suffering and no punitive damages, which is a significant difference from California.
If the defendant is the Government of Guam: the Government Claims Act deadlines and caps below apply instead of the ordinary rules.
Frequently Asked Questions — Guam Wrongful Death Cases
How long do I have to file a wrongful death claim in Guam?
Statute of limitations: a Guam wrongful death action must be filed within two years of the date of death (7 GCA § 11306(a)). Where the victim survived the accident for a period before dying, the clock runs from death, not from the accident.
Governing statute: Guam's wrongful death action is created by 7 GCA § 12109. Section 12109(b) sets out who may sue: the decedent's heirs under 15 GCA Division 3; a putative spouse, stepchildren or parents who were dependent on the decedent; and a minor who lived in the decedent's household for the 180 days before death and depended on the decedent for at least half of their support.
Survival action: separately, 19 GCA § 31104 allows the estate to pursue claims the decedent held at death — but Guam's survival statute permits no recovery for the decedent's pain and suffering and no punitive damages, which is a significant difference from California.
If the defendant is the Government of Guam: the Government Claims Act deadlines and caps below apply instead of the ordinary rules.
Does Guam follow comparative fault rules?
Guam follows modified comparative negligence under 18 GCA § 90108. You may recover only if your own negligence was not as great as the negligence of the party you are suing — in practice, you must be less than 50% at fault. A plaintiff found exactly 50% responsible recovers nothing. If you clear that bar, your award is reduced by your percentage of fault: 20% at fault on $100,000 of damages means $80,000.
One detail that matters in multi-defendant cases: § 90108 compares your negligence to that of "the person" you are recovering from — singular — not to the combined fault of all defendants.
What compensation can I recover in a Guam wrongful death case?
Available damages depend on the claim, defendant, evidence, and governing law. For a covered Government of Guam tort claim, 5 GCA § 6301(b) states that line agencies “shall be liable in tort for not more than Two Hundred Thousand Dollars ($200,000) in an action for wrongful death, nor for more than Five Hundred Thousand Dollars ($500,000) in any other tort action.” Do not apply that Government Claims Act rule to every private-party claim.
What if a government entity caused my injuries?
If a GovGuam agency or vehicle caused your injuries, you must file an administrative claim within 18 months after the claim arises under the Guam Government Claims Act (5 GCA § 6106). Additional deadlines govern when a lawsuit may be filed after rejection or inaction. If a U.S. military vehicle was involved, the Federal Tort Claims Act (FTCA) applies. HellaHurt handles both GovGuam and FTCA claims.
How much does it cost to hire a Guam wrongful death lawyer?
HellaHurt works on a contingency fee basis — you pay nothing unless we win. No upfront costs, no hourly fees, no out-of-pocket expenses.
Why Choose HellaHurt for Your Guam Wrongful Death Case?
- Licensed Guam attorney: Morgan D. Ross (CA Bar #270650) is licensed in both California and Guam. Robert B. Salgado (CA Bar #297391) is licensed in California only.
- Island-wide representation: We handle cases throughout all villages and municipalities in Guam
- Free AI-powered case evaluation: Get answers in minutes with our free AI Case Check
- No fees unless we win: Contingency fee representation — you pay nothing unless we recover compensation
- Federal claim expertise: Experienced in Jones Act, Defense Base Act, FTCA, and standard Guam personal injury claims
We Serve All Guam Municipalities
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Don't wait to get legal help. Evidence disappears quickly in Guam — surveillance footage is typically overwritten within 30–60 days. The sooner you contact HellaHurt, the stronger your case.
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