Funeral home negligence can encompass a wide range of actions that can leave your family in emotional turmoil. Burying or cremating the wrong body, selling your loved one’s body or its parts, and sexually abusing your loved one’s remains are only a few examples. If your family experienced any of these traumatic events, you need to know: can you sue a funeral home for emotional distress?
No one deserves to be taken advantage of when they are already in an emotionally vulnerable state. You will not have to pay upfront or out-of-pocket fees to get legal support and guidance. Fort Lauderdale funeral home lawyers help families like yours hold negligent funeral service providers accountable for their actions. They will guide you through the legal process of filing and preparing your claim and negotiating a settlement.
How Do You Know if Your Family Has a Funeral Home Negligence Claim?
Licensing and regulations for funeral homes and the goods and services they provide are handled by My Florida CFO’s Funeral, Cemetery, and Consumer Services. Your family could have a valid claim if any of the following types of funeral home negligence occurred:
- Mishandling of your loved one’s remains
- Dropping or otherwise damaging the remains
- Intentionally distorting your loved one’s presentation
- Any form of physical or sexual abuse
- Improper burial or cremation of your loved one
- Improper refrigeration, leading to advanced decomposition
Finding out your loved one was mistreated or your family’s preferences were ignored can be emotionally challenging. Any of these actions could entitle your family to financial compensation for emotional distress.
How Does Negligence Lead to Financial Distress for Grieving Families?
Families in bereavement should receive compassionate service. If your family did not, if your wishes were ignored, or if you were pressured into making unwanted purchases, these actions can take a serious emotional toll. It can lead to ongoing trauma and stress that could have been avoided with fair and appropriate treatment.
Your family does not have to endure this kind of misconduct without taking action.
How Do You Prove a Florida Funeral Home Was Negligent?
To prove a funeral home’s negligence caused your family’s emotional trauma, you must establish the following elements of negligence:
- The funeral home owed your family a duty of care, including proper handling of your loved one and adherence to Florida’s funeral home laws and regulations
- The funeral home breached its duty of professional care by mishandling your loved one, mistreating your family, and otherwise failing to meet the acceptable standards of care
- The funeral home’s actions directly caused—and can be connected through the evidence to—your emotional distress
- The funeral home’s negligence is actionable and had financial consequences for you and your family
If you are represented by a lawyer, they can help you gather evidence that proves these elements. They can also help you build a comprehensive case file
What Evidence Is Needed to Prove Funeral Home Negligence?
Preparing an insurance claim or lawsuit against a funeral home requires proof of their negligence, its impact on your family, and its financial consequences. Evidence that proves funeral home negligence can include the following:
- Documentation from the funeral home, including contracts, receipts, and pre-need arrangements
- Photos and video footage of the way your loved one’s remains were handled and of their presentation, funeral service, and burial
- All communication between you and the funeral home, including voicemails, email, text messaging, insurance correspondence, etc.
- Verbal and written statements from other affected family members and observers, experts, funeral home staff, and depositions
- Your loved one’s death certificate and autopsy results, if applicable
- Inspection reports and other official records that document the funeral home’s violation of state and federal law (Federal Trade Commission (FTC) Funeral Rule
Collecting evidence related to a sensitive case like yours can be an emotional challenge in and of itself. A personal injury lawyer can manage evidence collection for you while you focus on taking care of your family.
What Types of Compensation Can You Recover for Emotional Trauma?
It can be hard to attach a number to emotional trauma, especially since nothing can atone for the trauma your family endured. Funeral home lawsuit settlements can include compensation for the following:
- Mental and emotional distress and resulting treatment
- Compensation for a second funeral service
- Damages for any items stolen from your loved one’s remains or coffin
Egregious, intentional, or willful negligence could result in punitive damages. These are rarely awarded since their goal is to penalize the at-fault party. Your lawyer will inform you if your claim qualifies for these additional damages and add appropriate evidence to your case file
Is There a Time Limit on Funeral Home Negligence Lawsuits?
Florida’s statute of limitations for personal injury is generally two years, per Florida Statutes § 95.11. If your lawsuit is not filed accordingly, you risk having your case dismissed by the courts.
The insurance company will monitor the statute of limitations and could cease settlement negotiations if the statute of limitations on your case expires. These outcomes could leave you with no further financial recovery options. A local personal injury attorney can help you file your lawsuit on time.
What Family Members Can Take Legal Action Against a Funeral Home?
In general, a funeral home negligence claim can be filed by the decedent’s parents, spouse, children, and siblings. Law firms that handle funeral home negligence claims often offer a free consultation with a team member. During your consultation, you can ask questions and express your concerns to learn more about your family’s rights and the funeral home’s legal and financial obligations.
Call (954) 633-8270 for a Free Review of Your Funeral Home Negligence Claim
If your family was traumatized while planning the funeral service of a loved one, you can sue a funeral home for emotional distress. Our law firm can deal with the insurance company for you and help you get the financial compensation you and your family deserve.
Find out how hard our funeral home negligence lawyers will fight for you. Contact the legal team at the Law Offices of Wolf & Pravato to get started todays.
