When a funeral home negligently cares for your loved one, the harmed family can hold the company accountable and recover damages. Funeral home negligence could involve failure to follow applicable laws, mishandling your family member’s body, or stealing items from them.
Understanding what damages you might be entitled to recover in your family’s funeral home negligence case is critical. When you work with a funeral home negligence lawyer, they will assess your case and help you document the financial and intangible losses you experienced. They will work hard to recover fair compensation and get your family the justice it deserves.
Potentially Recoverable Damages in a Funeral Home Negligence Case
The damages you might recover in a funeral home negligence case will depend greatly on your experience and the circumstances that led to your claim or lawsuit. They will possibly include the following damages:
- Economic: These are the financial expenses and losses you incurred because of the negligence. They could include the money you spent for the funeral and burial, any medical expenses necessary for your psychological care, the cost of reburying your loved one, and the recouped cost of any stolen items. Other documented financial losses might also be available.
- Noneconomic: These are the intangible losses you and your family experienced because of the negligence. They could include the emotional distress and mental anguish you suffered because of this traumatizing experience. Sometimes, these are known as “pain and suffering.”
- Punitive: You could receive punitive damages when negligent acts occur because of a funeral home employee’s intentional, egregious, or malicious behavior.
What Is Funeral Home Negligence?
When we lose a loved one, we trust the funeral home and its staff to prepare the body properly and make their final arrangements. When the home fails to provide the correct services, makes preventable mistakes, or violates applicable laws, it can cause significant emotional distress and financial losses for survivors.
To recover funeral home negligence damages, you need evidence establishing what happened and how this caused you and your family financial and emotional harm. Some ways funeral home negligence occurs include:
- Stealing family heirlooms, jewelry, or other valuable items
- Failure to prepare the body properly
- Preparing, showing, or burying the wrong body
- Moving the gravesite without notifying the family
- Cremating a body meant to be buried
- Burying a body meant to be cremated
- Digging up your loved one and switching caskets
Working with a funeral home negligence attorney can help you secure compensation for the damages you experienced.
What Do I Have to Prove to Recover Damages Based on Funeral Home Negligence?
As the Florida Department of Financial Services points out, the state has specific laws and regulations for the death care industry. These laws, plus the contracts signed by providers and families, create a duty of care.
The funeral home owes the deceased’s loved ones a duty to provide the contracted services properly and respectfully. This duty of care is the first element you must document to prove negligence occurred. The remaining elements of negligence include:
- Breach of duty
- Causation
- Damages
When you have a funeral home negligence lawyer managing your case, they will prove the facility failed to uphold its duty of care, causing you damages. Then, they will help you hold the funeral home accountable for its carelessness or recklessness and get justice for your loved one.
What Factors Will Affect a Funeral Home Negligence Payout?
Several factors could affect the damages you recover based on your funeral home negligence claim, including the following:
- The severity of the negligence your family experienced
- The losses incurred and probable future costs
- The effects the negligence had on you and your family
- Legal precedents and similar situations in Florida case law
The last factor that could affect your payout considerably is the emotional effect of the case if the case goes to a jury trial. Jurors are human. They can put themselves in your shoes and understand how traumatizing it might be to go through this type of negligence while grieving the loss of your loved one.
There Is No Average Settlement for Funeral Home Negligence Claims
Each funeral home negligence case is unique. The circumstances, harm done, case facts, and damages all differ significantly from one case to another. Thus, it is impossible to take the outcome of one case and allow that payout to inform how much you might recover in your claim or lawsuit.
Instead, if you take the case to trial, your lawyer will develop a compelling case with convincing evidence to present to the funeral home’s insurance carrier or a jury. The facts of your case, along with other factors, will determine the possible financial payout.
What Should I Do if I Believe Funeral Home Negligence Occurred?
You must quickly act if you believe funeral home negligence occurred and your family suffered damages. You only have a limited time to learn about your legal options, seek a settlement, and possibly file a lawsuit before the statute of limitations expires.
Collect all documents, witness statements, receipts, contracts, photographs, and other paperwork you have. Keep them in a folder or file. Carefully document anything you believe the facility handled negligently when possible.
Finally, contact a funeral home negligence lawyer as soon as you can. They can help you assess your legal options and develop a case on your behalf while you grieve and focus on your family.
Talk to Our Funeral Home Negligence Lawyer About Your Options
At the Law Offices of Wolf & Pravato, we provide a free consultation for those who believe their family experienced funeral home negligence in Florida. We can examine what you experienced and determine your legal options based on what you share with our team. Contact us today to get started.
