Can Siblings Sue for Wrongful Death?

Nothing can prepare you for the pain that comes from learning a loved one was killed in an accident. Along with impossible grief, family members often find that they are left with significant financial hardships as a result of the loss. In South Carolina, wrongful death compensation is possible to offset these demands. However, only certain people can file a wrongful death claim.

Did you recently lose a family member in an accident? An experienced South Carolina wrongful death attorney from Stewart Law Offices can answer your questions in a free consultation. Call or contact us today.

South Carolina Wrongful Death Settlements

South Carolina law states that when another person’s negligence causes the death of someone else, they can be held liable for paying damages the family incurred as a result. These claims, known as wrongful death settlements, can include damages for funeral and burial costs, loss of companionship, care, and protection of family members, and pain and suffering. Only specific people are allowed to file these claims, and all surviving loved ones must understand who is eligible.

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Can Siblings Sue for Wrongful Death?

In many states, only spouses and children of the deceased can file wrongful death claims. In other areas, the parties eligible to file wrongful death claims extend to siblings, grandparents, and more. In South Carolina, only the personal representative of the deceased’s estate is allowed to file a claim.

The personal representative of the deceased’s estate is often outlined in the person’s will or other documents within their estate plan. When the estate plan does not outline a personal representative, the probate court will name one. Although siblings can file a claim for wrongful death, they can only do so if they are the personal representative of the estate.

How are Settlements Divided for Wrongful Death in South Carolina?

Wrongful death settlements are divided among the surviving family members that the deceased left behind according to South Carolina’s intestacy laws. The hierarchy is as follows:

If the deceased has a surviving spouse, he or she will receive half of the settlement if there are children. The other half is divided among the children.
If the deceased did not have children, the surviving spouse will receive the whole settlement.
If the deceased did not have a surviving spouse, the children will receive the whole settlement. Children cannot receive their portion of the settlement until they have reached the age of adulthood. In South Carolina, minor children cannot receive their share of the settlement until they reach the age of maturity (18), and the court may appoint a guardian to manage those funds.
In the event that the deceased did not have a spouse or any children, the parents of the deceased can receive the settlement. However, if the court finds that the parent did not support the deceased during childhood, the judge has the authority to deny the parents a settlement or reduce their share.
If the deceased has no surviving spouse, children, or parents, the recovery passes to the “heirs at law”, which may include siblings and other relatives according to South Carolina’s intestacy laws. This is one scenario where a sibling could actually receive a portion of the wrongful death recovery, not just file the claim.

South Carolina Wrongful Death Damages

South Carolina generally does not cap wrongful death damages in most cases, meaning families can pursue full compensation for economic and non-economic losses. However, there are important exceptions:

Medical malpractice wrongful death: Non-economic damages (e.g., pain and suffering, mental anguish, loss of companionship) are capped at $350,000 per defendant (health care provider or institution), with a total cap of $1.05 million across all defendants.
Government entity wrongful death (e.g., car accidents involving city/county/state employees, school buses, police vehicles): Total damages are capped at $300,000 per person (with a $600,000 overall limit per occurrence) under the South Carolina Tort Claims Act. No punitive damages are available.
Punitive damages (in non-government cases): Capped at the greater of three times the compensatory damages awarded or $500,000, whichever is higher. No cap applies in rare cases (e.g., felony conviction arising from the conduct, specific intent to harm, or financial gain motivation with known risk).
Economic damages (e.g., medical bills, lost financial support, funeral expenses): No cap applies in any wrongful death case.

How Stewart Law Offices Can Help Me

If you have lost a loved one, a South Carolina wrongful death lawyer at Stewart Law Offices can help you navigate the civil justice system and ensure you secure the full amount of damages you deserve. Call us today or contact us online to schedule a free consultation.