Florida regulators are resolute about protecting consumers from neglect or abuse when making final arrangements for a loved one. If a local funeral provider did not treat your family or loved one’s remains appropriately, you could have the basis of a funeral home negligence claim.
Managing a legal case’s moving parts can be challenging during this emotional time. However, a Florida funeral home negligence lawyer in your area can clarify Florida’s licensing requirements for funeral homes and how they apply to negligence cases. Most will review your case at no charge, describe your rights as a consumer, and explain how they’ll build your claim and negotiate a fair and appropriate settlement.
What You Need To Know About Funeral Home Licensing Requirements
The Florida Department of Financial Services Division of Funeral, Cemetery, and Consumer Services oversees the licensing of many professionals in the funeral home industry. It oversees all of these functions:
- Licensing information and applications
- Additional licensing requirements
- License renewal requirements
- Continuing education requirements
State-approved licenses are required for the following:
- Funeral homes
- Cremation facilities
- Direct disposal businesses
- Funeral directors
- Embalmers
The agency also supervises the specific requirements of preneed contracts and services in the funeral industry. Workers can obtain some licenses via apprenticeship programs, while others require formal training via internships.
Penalties for Failing to Obtain Licenses or Hiring Unlicensed Professional
When funeral industry professionals who require licensing do not obtain or maintain it, they could face serious and costly penalties. For such violations, the state could impose:
- A written reprimand
- Licensee probation
- Hefty monetary fines
- License suspension
- License revocation
Any allegations of funeral home regulation violations, investigations, and corrective measures will create a paper trail. Your family can combine many items in this paper trail with other evidence to support your pursuit of financial compensation.
How Florida Funeral Home License Violations Affect Families in Florida
Funeral home negligence can include various acts that could leave your family in financial or emotional turmoil—or both. Some funeral home actions that an attorney could trace back to Florida licensing negligence include:
- Intentionally overcharging your family
- Burying or cremating the wrong body
- Improper presentation of the decedent
- Theft of the decedent’s organs or body parts
- Theft of the decedent’s property
- Incorrect disposal of remains or cremains
- Embalming errors leading to deterioration
- Refusal to honor a preneed contract
- Forcing the purchase of unwanted goods
If your family suffered emotional trauma due to funeral home negligence, a lawyer near you can help you pursue the at-fault professional or facility for monetary compensation.
Evidence of Licensing Requirement Violations Can Support Your Insurance Claim
Proving funeral home negligence means identifying the four legally required elements:
- Duty of care: The funeral home must take reasonable care when dealing with clients.
- Breach of duty: The funeral home failed to meet its legal obligations.
- Causation: Its breach directly caused harm to your family or the decedent.
- Damages: Its breach led to monetary or emotional harm.
A compelling case file should contain proof of licensing violations, contracts, receipts, photos, witness statements, and official records and reports. It can also include testimony from the funeral industry, death care, medical examiners, and other professionals.
Compensation for Violations of Funeral Home License Requirements in Florida
Nothing can atone for the emotional turmoil your family experienced at the hands of a negligent funeral industry or death care provider. Recoverable damages your family could receive can include:
- Economic damages: These damages could allow you to recover the money you paid to the negligent funeral home. You could also recover compensation for the costs of a second service and burial and recoup the costs of items stolen from the decedent or their coffin.
- Emotional distress: These damages compensate your family for the mental and emotional stress and anxiety of having your loved one’s remains mishandled or mistreated. You could also suffer shock and frustration when discovering the funeral home took advantage of you.
- Punitive damages: These damages penalize a defendant in a tort claim when a judge or jury deems its actions grossly negligent, intentional, or egregious. Courts rarely award them, but they could be possible in your case. Your lawyer will inform you if you can recover these additional damages.
By yourself, particularly while in an emotionally vulnerable state, it can be challenging to understand and assess your potential compensation. Instead, let a lawyer help you accurately assess your damages and work hard to achieve the best outcome.
A Funeral Home Negligence Lawyer Can Help You Navigate the Filing Deadline
Filing a lawsuit against a negligent funeral home for Florida licensing negligence is a time-sensitive legal matter. The amount of time you have to sue the negligent party could depend on the time of lawsuit you file. According to Florida Statutes § 95.11, you generally have:
- Two years to file a personal injury lawsuit
- Four years to file a breach of contract lawsuit
If the applicable statute of limitations expires, the court could prohibit you from filing your lawsuit or immediately dismiss it. The insurance company could also refuse further attempts to negotiate a reasonable settlement.
A funeral home negligence lawyer can help you avoid putting your lawsuit at risk. They can investigate the appropriate filing deadline and file your lawsuit on time and in the proper court.
Call Today for a Free Review of Your Funeral Home Negligence Claim
If your family was the victim of funeral home negligence, you could be entitled to financial recovery. The Law Offices of Wolf & Pravato can build a compelling case on your behalf because our caring and attentive staff understands Florida’s licensing requirements for funeral homes and what they mean for negligence cases.
Find out how hard we will work for you and your family. Contact our consultation team today to get started.
