The funeral industry is carefully regulated at both the state and federal levels. The role of these regulations and oversights is to prevent funeral home negligence and protect families. If negligence, carelessness, or financial pressure marred your final goodbye to a loved one, a funeral home negligence lawyer can help you seek compensation.
Personal injury law firms usually offer a free consultation with a team member and will accept your case on a contingency fee basis. At no upfront cost, you can learn about the funeral industry and pursue damages if its regulations did not protect you or your family.
How Federal Trade Commission Regulations Protect You From Funeral Home Negligence
The Federal Trade Commission (FTC) implemented the “Funeral Rule” to prevent funeral homes from overcharging grieving consumers for goods and services. It allows families to:
- Purchase only the goods and services they want
- Receive verbal or written pricing information upon request
- Receive coffins and burial container prices in advance
- Obtain a written statement of preferences before paying
- Use a container of their choice instead of a traditional coffin
- Use a coffin (or urn in cases of cremation) purchased elsewhere
- Make their own decision about embalming, per state law
These regulations can prevent price-gouging. They can also prevent funeral homes from overcharging families or coercing them into purchasing goods and services they do not want.
How Florida Laws and Oversights Protect You When Making Funeral Arrangements
Florida’s Funeral, Cemetery, and Consumer Services Act (Florida Statutes § 497) describes regulations and requirements for:
- Use of alternative containers
- Uninvited contact to procure a sale
- The sale of funeral and burial merchandise
- Final disposition of human remains
- Cremation and cremains
- Embalmers and embalming services
- Licensing and registrations
- Pre-purchased and pre-planned funerals
- Refrigeration and handling of remains
- Containers used for cremation
Funeral home staff should never take advantage of grieving family members or mishandle remains in such a well-regulated industry. The state also oversees the funeral industry in various other ways. If you believe a funeral director or other staff member violated your rights, the best way to explore your legal options is to contact a local law firm.
Federal and State Regulations Protect Consumers From Funeral Home Negligence
Regulations and oversight can prevent financial abuse or mistreatment of vulnerable families at a difficult time. They can also protect families from mental and emotional devastation. If your family was the victim of mistreatment or mismanagement, it can be difficult to prove funeral home negligence on your own.
If a funeral home lawyer represents you, they will collect supporting evidence, including:
- Receipts, written instructions, and copies of preneed papers
- Witness statements from you, other family members, and funeral home employees
- Any evidence that points to the mishandling or abuse of the body
- The decedent’s death certificate and all relevant forensic evidence
Some of the evidence your case requires may be difficult for your family to handle. Your funeral home negligence lawyer will do it for you. They can also leverage the discovery rule and deposition sessions to gain access to pertinent evidence and information.
Seeking Financial Compensation When Industry Regulations Do Not Protect Your Family
Your family can seek damages by filing a funeral home negligence insurance claim or civil lawsuit. The lawyer representing you will listen to your version of events, collect evidence, and assess the monetary value of your case.
They can help you request compensation for the following economic and non-economic damages:
- Funeral products and services
- Relocating your loved one’s remains
- Mental and emotional trauma
- Punitive damages, if applicable
Your attorney will include proof of the value of your compensation request in your case file. They will also handle the negotiation process for you and fight for the financial recovery you need and deserve.
Do Not Wait to Hold the Funeral Home Financially Liable for its Negligence
The personal injury statute of limitations may apply to funeral home negligence cases. Generally speaking, it gives you two years to take legal action, according to Florida Statutes § 95.11.
Depending on the circumstances of your claim, you may have up to four years to file a lawsuit if the funeral home breached your contract. If you file your lawsuit too late, your right to financial recovery could be at risk. The best way to understand the filing deadline and how it applies to your case is to let your funeral home negligence lawyer clarify it for you.
Call (954) 633-8270 for Help With Your Funeral Home Negligence Case
Negligence in the funeral home industry should not happen. The role of regulations and oversights in the industry is to prevent funeral home negligence. If your family suffered emotional trauma in the handling of your loved one’s final arrangements, you could be entitled to compensation.
Learn more about your rights and how hard we will fight for you. Contact our consultation team at the Law Offices of Wolf & Pravato to get started today.
