Guam § 12109 - Wrongful Death of Adults or Certain Minors.

§ 12109. Wrongful Death of Adults or Certain Minors.

(a) 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 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

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 19 GCA § 31104. The respective rights of the heirs in any

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award shall be determined by the court. Any action brought by the personal

representative of the decedent pursuant to the provisions of 19 GCA §

31104, 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 be

brought pursuant to the provisions of this Section, and a separate action

arising out of the same wrongful act or neglect be 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.

(b) For the purposes of Subsection (a), 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) Whether or not qualified under Paragraph (1), if they were

dependent on the decedent, the putative spouse, children of the putative

spouse, stepchildren and parents. As used in this Paragraph, "putative

spouse" means the surviving spouse of a void or voidable marriage who

is found by the court to have believed in good faith that the marriage to

the decedent was valid.

(3) Minors, whether or not qualified under Paragraphs (1) or (2)

if, at the time of the decedent's death, they resided for the previous one

hundred eighty (180) days in the decedent's household and were

dependent upon the decedent for one-half (1/2) or more of their

support.

Nothing in this Subsection (b) shall be construed to change or modify

the definition of heirs under any other provision of law.