It is a terrible loss for any family when a loved one passes away, and you expect the best possible care for their remains from the funeral home you have chosen. But when they fail in their obligation, when that trust is broken, what are your options? Can you hold a Fort Myers funeral home accountable?
As a family, you do have legal rights to seek compensation for the trauma you have suffered and the losses you have experienced. Our funeral home negligence lawyer in Fort Myers explains your legal rights, common violations families experience, and the legal actions you can take.
What Rights Do Families Have Against Funeral Homes in Florida?
You have several rights as the family to ensure your loved one’s remains are properly handled. Primarily found under Florida Statutes Chapter 497, your rights include the following:
- Right to dignified and lawful handling of remains: This right protects your family from the mishandling of remains, either due to loss, damage, or misidentification, by regulating the licensing and conduct of the funeral home.
- Right to informed consent for cremation or burial: This right protects you from a funeral home conducting a cremation without first obtaining a written authorization from you.
- Right to transparent pricing and services: In conjunction with the Florida Deceptive and Unfair Trade Practices Act (FDUTPA), funeral homes must honor written agreements.
- Right to have cultural and religious wishes respected: Though Florida does not explicitly list religious and cultural rights, the funeral home must comply with the funeral arrangements.
Violations of these rights carry significant repercussions for the funeral home and are grounds for a civil lawsuit.
Common Funeral Home Violations That Can Lead to Legal Action
Funeral home malpractice is any action that violates the family’s rights and wishes toward the remains of their loved one. Some of the more common examples of funeral home violations our attorneys have seen include the following:
- Mishandling, loss, or misidentification of remains
- Cremation mishandling or unauthorized burial
- Bait-and-switch pricing or undisclosed fees
- Failure to follow written agreements
- Loss of personal property
Any of these actions violates Florida law and qualifies as negligence or misconduct. Their effect on the family can cause significant emotional trauma and distress, which is a valid compensatory damage.
Can You Sue a Funeral Home in Fort Myers?
The short answer is yes. You can sue a funeral home in Fort Myers for negligence and mishandling of your loved one’s remains.
In many cases, you can file a claim based on the following:
- Negligence: Failure to follow legal or professional duties, resulting in the mishandling of the remains
- Breach of contract: Failure to follow contractual obligations, which in turn leads to mishandling of the remains
- Fraud or deceptive trade practices: Intentionally misrepresenting, concealing, or manipulating costs and expenses before service
- Intentional or negligent infliction of emotional distress: The harm caused by the funeral home’s reckless or careless conduct
In Florida, a claim may be brought by any affected family member or one with the legal right to disposition (the final handling of the decedent’s body).
However, the statute of limitations can vary from 5 years for breach of contract to 4 years for negligence to 2 years for wrongful death in Florida.
Your personal injury lawyer can explain which deadline applies to your claim, but you must contact them as soon as possible.
What Compensation May Be Available in Funeral Home Negligence Cases
If your family has suffered harm due to the negligent actions of a funeral home, and you wish to pursue compensation for your injuries and losses, there are several types of damages you could seek. Damages may include:
- Refunds or financial losses
- Emotional distress
- Costs related to corrective services
In truly egregious cases, some families may be eligible to seek punitive damages. Punitive damages are rare. Awarded by only a judge or jury during trial, their purpose is to punish the defendant for their wrongful actions.
In all regards, compensation is meant to hold the funeral home accountable for its actions.
What to Do If You Believe a Fort Myers Funeral Home Acted Improperly
If you suspect the Fort Myers funeral home you hired has acted negligently, there are steps you can take to start building your claim. You should:
- Preserve the contracts, receipts, and communications between you and the funeral home
- Write down what has occurred and when it happened
- Avoid signing any waivers or agreeing to any settlements before first discussing them with a funeral home negligence attorney in Fort Myers
We also advise filing a report with the Florida Department of Financial Services-Funeral, Cemetery, and Consumer Services. They handle licensing for the funeral homes and can investigate any complaints.
Then, consider speaking with a lawyer.
Why Working With a Fort Myers Funeral Home Negligence Attorney Matters
During this difficult time, your family deserves dignity, transparency, and accountability. A Fort Myers funeral home negligence lawyer understands the complex Florida-specific regulations and funeral home practices. They can protect your family’s rights and provide compassionate legal guidance so that you do not have to go through the legal process alone.
Call the Law Offices of Wolf & Pravato for a Free Consultation Today
Your family has rights, and the Law Offices of Wolf & Pravato is here to help you hold the Fort Myers funeral home accountable for your suffering. Call (844) 643-7200 and discuss your case with a member of our legal team. The consultation is free, and we work on contingency, so you pay nothing up front.