When you turn to a local funeral home to make arrangements for the funeral, burial, or cremation of a loved one, you should expect to be treated fairly and compassionately. While sometimes things go wrong unexpectedly through no one’s fault, other times, errors result from negligence by a funeral home staff member.
Knowing how to recognize signs of negligence by a funeral home can help you know when a funeral home has violated your rights. If you suspect negligence has occurred, consider hiring a funeral home negligence lawyer. You can get a free case review at no cost or obligation. This initial consultation can assess the merits of your case and inform you about your possible right to financial compensation.
Seek Legal Guidance if You Recognize These Signs of Funeral Home Negligence
You may be able to recognize negligence easily in some situations, such as when a drunk driver causes a car accident. But when you are going through an intense grieving process, you might not be as alert to the signs of funeral home negligence, which can include:
- You felt pressured into purchasing an expensive funeral package or other items you did not want to buy.
- The funeral home used a different coffin to bury your loved one than the one you selected.
- Your loved one is not wearing the clothing you provided for their burial.
- Someone buried your loved one in the wrong gravesite.
- Someone buried the wrong body in your loved one’s grave.
- The funeral home did not embalm your loved one as requested.
- The funeral home staff embalmed your loved one against your stated wishes.
- The funeral home was unclean or unsanitary.
- Someone harvested your loved one’s organs without your consent.
- Personal property is missing from your loved one’s body.
- The funeral director or other staff member told you a coffin is required for a direct cremation.
- There were unwarranted delays in returning your loved one’s cremains.
- You received the wrong cremains.
No one expects to be taken advantage of during such a difficult time. If you believe you were, a lawyer in your area will advocate for you. With their guidance, you can hold the funeral home accountable for their actions.
Your Family Can Seek Financial Compensation for Funeral Home Negligence
Specific family members—typically, the decedent’s parents, spouse, and children—have the right to file a lawsuit for funeral home negligence. Florida Statutes § 95.11 generally gives you a two-year deadline to take legal action, so the sooner you take action, the better.
Per Florida Statutes § 766.202, the types of compensation you can pursue include:
- Compensation for lost or stolen items
- Costs of another funeral or burial service
- Mental and emotional pain and suffering
This list is not exhaustive. The best way to understand the damages you can pursue from a funeral home is to review your case with a local personal injury law firm. They will carefully detail your potential recovery and fight to hold the funeral home accountable for its negligence.
How Florida Defines Funeral Home Negligence
To recognize funeral home negligence, you must understand its definition. The four legally required elements of negligence include:
- Duty of care: The funeral home’s obligation to provide contracted services and treat your loved one’s remains with dignity and respect
- Breach of duty: The funeral home’s actions that fail to meet the required duty of care
- Causation: The correlation between the funeral home’s actions and the harm your family experienced
- Damages: The financial and emotional trauma your family suffered due to the service provider’s actions
On your own, it can be hard to understand these legal elements and the role they play in your claim. It can be even harder to prove the funeral home’s actions meet the legal definition of negligence. This is when you should consider working with a funeral home negligence lawyer in your area.
Evidence That Proves Negligence in the Care You Received from a Funeral Home
Evidence related to how the funeral home staff treated you or handled your loved one’s remains can be difficult to compile on your own. It can be emotionally triggering to handle the evidence or interact with negligent funeral home employees.
When a personal injury attorney represents you, they will handle the entire process for you. To steer your case toward a settlement and away from a trial, your lawyer will build a comprehensive collection of evidence that includes items such as:
- Bills, receipts, and contracts
- Written correspondence
- Texts and voicemail records
- Photos or video footage
Your legal team will not tax you or your family with gathering sensitive evidence. Instead, they will compile all the evidence your case needs and present it to the at-fault party and their legal and insurance representatives.
Call (954) 633-8270 at the First Sign of Funeral Home Negligence
If you believe your family is a victim of funeral home negligence, you do not have to fight back alone. At the Law Offices of Wolf & Pravato, we will stand up for your family and pursue favorable compensation on your behalf.
If you recognize any signs of negligence with the funeral home that handled final arrangements for your loved one, contact our consultation team today.
