Deadlines · 5 min read · Published Jun 2025
How Long Do I Have to File an Injury Claim in Guam?
Missing a filing deadline in Guam can permanently destroy your right to compensation — no matter how strong your case is. Guam has multiple overlapping deadlines depending on who caused your injury, and some have strict procedural requirements. This guide explains every deadline you need to know and the exceptions that may extend or shorten them.
The General 2-Year Statute of Limitations
Under 7 GCA § 11306(a), most personal injury claims in Guam must be filed within 2 years of the date of injury. This includes car accidents, motorcycle crashes, slip and fall cases, dog bites, and most other tort claims. If you do not file a lawsuit within 2 years, the court will dismiss your case and you lose your right to compensation permanently. The clock starts on the date of the accident, not when you first feel pain or receive a diagnosis.
The 90-Day Government Tort Claim Rule
If your injury was caused by a government entity — GovGuam, a government vehicle, a poorly maintained government road, or a government employee acting in the scope of their duties — you must file a formal Government Tort Claim Notice within 18 months (5 GCA § 6106) of the injury. This is a pre-lawsuit administrative notice, not a lawsuit itself. If you miss this 18-month window, your claim against the government is almost certainly barred. After filing the notice, you must wait for the government to respond (or not respond within 60 days) before filing suit.
The Discovery Rule: When the Clock Starts Later
In some cases, you may not know you were injured — or who caused your injury — on the date of the accident. Guam courts recognize the 'discovery rule,' which starts the statute of limitations clock when you knew or reasonably should have known about your injury and its cause. This is most common in toxic exposure cases, medical malpractice, and latent injuries. However, courts apply this rule narrowly — if you knew you were in an accident, the clock generally starts that day even if your full injuries were not yet apparent.
Tolling: What Pauses the Clock
Certain circumstances can 'toll' (pause) the statute of limitations. In Guam, tolling applies when the injured person is a minor (the clock doesn't start until they turn 18), when the defendant fraudulently concealed their identity or the cause of injury, or when the injured person is mentally incapacitated. Military service members may also have additional protections under the Servicemembers Civil Relief Act (SCRA). Do not assume tolling applies to your case — consult an attorney immediately.
Key Takeaways
- Most Guam personal injury claims must be filed within 2 years of the accident
- Government entity claims require a tort claim notice within 18 months (5 GCA § 6106)
- Federal government claims (FTCA) have a 2-year administrative deadline
- The discovery rule may delay the clock in latent injury cases
- Minors generally have until age 20 to file (2 years after turning 18)
Frequently Asked Questions
What if I was injured more than 2 years ago?
If more than 2 years have passed since your injury, your claim is likely time-barred unless a tolling exception applies. Contact an attorney immediately — there may be narrow exceptions based on the discovery rule, fraudulent concealment, or other circumstances. Do not assume it is too late without getting a legal opinion.
Does the 18-month Guam government claims rule apply to federal government claims?
No. Claims against the federal government (including the U.S. military) are governed by the Federal Tort Claims Act (FTCA), which requires an administrative claim within 2 years of the injury. This is a different process from the Guam government tort claim procedure.
If I was a minor when injured in Guam, when does my deadline start?
For minors, the statute of limitations generally does not begin to run until the minor turns 18. However, the 18-month administrative claim (5 GCA § 6106) rule may still apply — some courts have held that a parent or guardian must file the government notice within 18 months (5 GCA § 6106) even for a minor's claim. Consult an attorney immediately to protect a minor's rights.