If you are suing a funeral home, you need to know how to find legal representation for funeral home negligence cases. You can browse websites, read client testimonials, ask friends and colleagues for referrals, and learn about a particular law firm with a free case evaluation. The law firm and legal team you choose can make an important difference in how your case is handled and how your settlement is negotiated.
Negligence on the part of a funeral home you trusted to make the final arrangement for a deceased loved one can wreak emotional and financial havoc. When you are ready to hold the funeral home accountable for its legal obligations, you need to know the steps involved in filing an insurance claim or lawsuit. Fort Lauderdale funeral home lawyers will represent your family on a contingency fee basis and fight hard for your financial recovery.
What Kind of Lawyer Handles Funeral Home Negligence Cases?
Funeral home negligence claims rely on proving the at-fault party was negligent in their handling of your loved one or your family. Cases like these are emotionally sensitive and are best managed by a funeral home negligence attorney who can prove the required elements of your case.
The types of negligence that constitute a valid claim can include the following:
- Burying the wrong body
- Wrongful cremation
- Selling your loved one’s organs
- Improper embalming or refrigeration
- Losing or misplacing your loved one
- Misrepresenting required purchases
- Switching or reusing coffins and plots
- Failure to provide you with cremains
- Theft of personal property
This list is not exhaustive. If your family was victimized in any other way during this difficult time, you could also be entitled to compensation. You can also explore lawyer referral services, social media outlets, and other avenues that give you a glimpse into a law firm’s inner working and their approach to legal action and client support.
The Benefits of a Free Consultation With a Funeral Home Negligence Law Firm
A consultation with a local law firm is usually free, meaning there are no costs and no risk to you. You can expect to be asked questions about your claim, the funeral home, and the toll their actions have taken on you and your family.
This time is also your opportunity to ask questions. You can also ask questions about:
- Their experience with cases like yours
- Their settlement and verdict results
- Your potential financial recovery
- The anticipated timeline of your claim
A primary benefit of asking questions of your own is that it gives you the opportunity to choose a funeral home negligence lawyer who will treat your family with kindness and compassion.
One way to find this out is via testimonials from previous clients and recommendations from friends. Look for reviews that mention the attorney-client relationship and their approach to communication, case updates, and client support. See if they have helped file complaints on funeral homes through Funeral, Cemetery, and Consumer Services.
How Will a Lawyer Prove the Required Elements of Funeral Home Negligence?
To recover damages for you, your lawyer must prove the legal elements of negligence that allow you to seek damages. These elements include:
- Duty of care: The funeral home staff’s obligation to provide professional care that meets all legal requirements
- Breach of duty: The responsible party’s failure to meet their legal duty to your family
- Causation: The connection between the funeral home’s action and your current condition
- Damages: The financial and even emotional impact of negligence on your family
Proving these elements on your own can be a challenge. A lawyer familiar with funeral home negligence cases can handle it for you, allowing you to focus on caring for your family.
Choose a Lawyer Who Knows What Evidence Makes a Strong Case File
Negligence-based cases like yours rely on evidence to tell their story. Types of evidence you can compile to prove funeral home negligence include
- Service contracts
- Pre-need contracts
- Letters and emails
- Photos and video
- Witness statements
- Expert testimonials
Collecting the evidence your claim needs can add to your existing stress and emotional anxiety. A lawyer can handle it for you and prepare your case file for the negotiation process or for a personal injury lawsuit.
What Kind of Damages Can a Lawyer Request for Funeral Home Negligence?
Compensation in cases like yours can be complicated. Getting your compensation request right is critical, though, since you will not be able to ask for additional damages after your case is resolved. This legal process can be hard to do on your own, so hiring a lawyer to help assess your damages can help you avoid a settlement that does not adequately compensate your family.
Your funeral home negligence attorney can request the following damages on your behalf:
- Original funeral expenses
- Costs of future funeral services
- Mental and emotional trauma
- Punitive damages, if applicable
While nothing can atone for the emotional trauma your family experienced, with legal guidance and direction, you can recover damages from the funeral home and its insurer.
Choose a Lawyer Who Understands the Importance of Filing Your Lawsuit on Time
Funeral home litigation—actually taking your case to trial—is rare. Most cases are resolved with a settlement. Your lawyer will file your lawsuit on time, though, because failure to do so could mean the insurance company will not negotiate a settlement at all.
In Florida, you generally have two years to file your lawsuit, according to Florida Statutes § 95.11. Failure to file it on time could also result in an inability to file it at all or in its immediate dismissal. A funeral home negligence attorney can help you avoid these potentially costly consequences by filing your lawsuit within the allotted time.
Get Legal Representation for Your Funeral Home Negligence Case
Filing a negligence claim against a funeral home can be a daunting task. Knowing how to find legal representation for funeral home negligence cases means you do not have to go it alone. Our law firm and caring, attentive staff will provide prompt and responsive legal care right from the start.
Find out how hard we will fight for your family. Call (954) 633-8270 to contact our consultation team at the Law Offices of Wolf & Pravato to get started today.
