Guam Wrongful Death Laws

The Guam Wrongful Death Statute can be found in 7 GCA § 12109.  Pursuant to the Act, when the death of a person is caused by the wrongful act or neglect of another, his or her heirs or personal representatives on their behalf may maintain an action for damages against the person causing the death, or in the case of the death of such wrongdoer against the personal representative of such wrongdoer, whether the wrongdoer dies before of after the death of the person injured. If any other person is responsible for any such wrongful act or neglect, the action may also be maintained against such other person, or in the case of his or her death, his or her personal representatives.

In every action under this Section, such damages may be given as, under all the circumstances of the case, may be just, but shall not include damages recoverable under § 956 of the Civil Code. The respective rights of the heirs in any award shall be determined by the court. Any action brought by the personal representative of the decedent pursuant to the provisions of § 956 of the Civil Code may be joined with an action arising out of the same wrongful act or neglect brought pursuant to the provisions of this Section. If an action is  brought pursuant to the provisions of this Section and a separate action arising out of the same wrongful act or neglect is brought pursuant to the provisions of § 956 of the Civil Code, such actions shall be consolidated for trial on the motion of any interested party.

For the purpose, heirs mean only the following:

(1) Those persons who would be entitled to succeed to the property of the decedent according to the provisions of 15 GCA Division 3 (Administration of Decedents’ Estates).

(2) if they were dependent on the decedent, the putative spouse, children of the putative spouse, stepchildren and parents.

(3) Minors, if, at the time of the decedent’s death, they resided for the previous one hundred eighty days in the decedent’s household and were dependent upon the decedent for one-half or more of their support[i].

[i] 7 GCA § 12109.


Inside Guam Wrongful Death Laws