Losing a loved one is one of the most difficult challenges someone can go through. Once they have been laid to rest, it’s a shocking and re-traumatizing event to find out their remains have been disinterred.
Disinterment is a heavily regulated process, and if it was done without a family’s consent, you may be able to pursue legal action against the funeral home or another entity involved. AFort Lauderdale funeral home negligence lawyer, who specializes in cases of this nature, can provide expert guidance and representation to help you seek justice.
What Is Disinterment?
Disinterment refers to the removal of remains from a grave.Under Florida law, it generally requires written consent from the next of kin or a court order (for example, if a crime was suspected). Additionally, a licensed funeral home director must be present at the disinterment.
Unauthorized disinterment is not only deeply unethical, but it is also illegal.
How Disinterment Without Consent Can Affect a Family
When a loved one is disinterred without permission, the emotional toll on the family can be immense. Grieving families may experience:
- Renewed grief and trauma
- Anger and a sense of betrayal
- Disruption of the mourning process
- Difficulty finding closure
These feelings are compounded by the fact that burial is meant to represent final peace. Unauthorized removal of a loved one’s remains can feel like a violation of that peace and dignity. In some cases, families may also face unexpected financial burdens if reburial or legal intervention is required.
These emotional and financial damages are often recognized in funeral home negligence lawsuits, allowing families to seek justice and closure through legal means. We are here to guide you through this process and help you achieve the justice you deserve.
When Is Disinterment Permitted?
When done legally, disinterment typically occurs because of the following circumstances:
- The family requests that it be done, such as for moving remains to a family burial plot, and gets the proper authorization to do so
- There is a court-ordered exhumation for a criminal investigation or civil dispute
- The cemetery is being relocated due to land development or similar reasons (strict procedures must be followed in this case)
What Laws Protect Families From Unauthorized Disinterment in Florida?
Florida law requires written authorization from the legally designated next of kin before disinterment can occur.
In cases where disinterment is court-ordered—such as during a criminal investigation—the family must still be notified, and strict procedures must be followed. Violating these procedures can result in civil penalties, loss of licensure, and potential lawsuits.
Additionally, funeral homes and cemeteries must comply withcontractual obligations established at the time of burial. Breaking these terms could open the door for abreach of contract claim on top of negligence.
When Can You Bring a Disinterred Body Lawsuit in Florida?
You may have legal grounds to sue when any (or all of the following) are present:
- Negligence by the cemetery operators, funeral home, or responsible party (such as failing to get written consent)
- Intentional infliction of emotional distress
- Violation of a burial contract
- Violation of the cemetery’s or funeral home’s regulations
In the case where you are able to sue, you may be able to recover compensation for losses like emotional trauma, mental anguish, costs related to reburial, and the costs of legal proceedings.
Even if the disinterment was not done maliciously, families can still sue fornegligent actions that resulted in harm. This can include:
- Improper handling of remains
- Failing to follow internal cemetery policies
- Lack of notification or documentation
In some cases, families may also have standing to bring a claim forinterference with the right of sepulcher, a legal term that refers to the family’s right to determine the treatment of a deceased relative. In simpler terms, if that right is violated, courts may award compensation for the emotional distress and related losses you have suffered.
Every case is unique, and an attorney can assess the facts to determine your best legal course of action. We understand that your situation is unique, and we are committed to providing you with personalized legal guidance.
Contact a Fort Lauderdale Funeral Home Negligence Lawyer Today
If your loved one’s body was disinterred without your consent, we are so sorry for this violation of your trust.The Law Offices of Wolf & Pravato will seek the maximum compensation we can to hold negligent parties accountable.Contact our Fort Lauderdale funeral home negligence lawyers today. We’ll help you get started with a free case consultation to discuss your legal options. Call(844) 643-7200.
Frequently Asked Questions:
Who May Be Held Responsible?
The potentially liable parties in a disinterred body lawsuit include the following:
- The funeral home that mishandled arrangements or acted without your consent
- Cemetery operators, if they approved or performed unauthorized actions
- Third parties who bypassed the family notification process, which can include developers or even the local municipality
Our Fort Lauderdale funeral home negligence attorneys fully investigate to determine all liable parties. Typically, thestatute of limitations for personal injury is two years, but a disinterred body lawsuit could fall under a breach of contract, which is five years. Our attorney can clarify your deadline, but you must reach out to us as soon as possible.
Can I sue even if I wasn’t the person who arranged the funeral?
Possibly. If you are the next of kin or a legally recognized family member, you may still have legal standing, especially if your consent was required and not obtained.
What if I didn’t find out about the disinterment until months later?
You may still be able to take legal action, depending on when the violation occurred and when you became aware of it. This can affect the statute of limitations, so it’s important to speak with a lawyer promptly.
How much compensation can I receive for this type of lawsuit?
Compensation can vary, but often includes emotional damages, reburial expenses, and attorney fees. In egregious cases, punitive damages may also apply.