BRETT J. YONON

Funeral home neglect occurs when a funeral home fails to properly carry out a loved one’s final wishes or the services it was entrusted to provide. These cases often involve far more than simple mistakes — legally, families usually must prove not only that the funeral home was negligent, but that its conduct was extreme and outrageous.

Over the years I’ve handled cases involving the wrongful cremation of people who were never supposed to be cremated, cremated remains given to the wrong family, improper or failed embalming, and even the desecration of cemetery plots. These situations cause unimaginable emotional trauma for grieving families.

Every case is unique, but one of the biggest factors is whether the mistake can be corrected. If cremated remains are accidentally given to the wrong family but can be quickly recovered and returned, the situation may be fixable. However, if those remains have already been scattered or permanently lost, there’s no way to undo that harm. When the damage can’t be reversed, the legal issues become far more serious.

Regardless of whether a lawsuit is appropriate, every family has the right to file a complaint with the state. The state can conduct a full investigation at no cost to the family and has the authority to discipline or even suspend a funeral home’s license if violations are found.

If the funeral home’s conduct rises to the level of extreme and outrageous behavior, families may also have the right to pursue monetary compensation through a civil lawsuit, which in some cases may include a wrongful death claim.

One of the biggest giveaways is repeated delays. We frequently see funeral homes postpone viewings, reschedule services, or give changing explanations for why a loved one isn’t ready. Sometimes they claim an urn hasn’t arrived or that there’s a delay at the crematory.

Delays don’t always mean something is wrong, but repeated excuses or inconsistent explanations may indicate the funeral home is trying to buy time or cover up a mistake.

Yes. In most funeral home neglect cases there is no physical injury at all. These cases are typically based on the emotional harm and mental anguish families experience after learning their loved one’s remains were mishandled. In some situations, compensation may also include the cost of mental health treatment related to the incident.

Contact a Fort Lauderdale funeral home negligence lawyer as soon as possible and keep communicating with the funeral home, getting as much in writing as you can. Focus on gathering information rather than making accusations.

Most importantly, do not provide a recorded statement before speaking with an attorney. An experienced attorney can investigate what happened, obtain records, and help protect your rights while seeking answers on your behalf.

These cases are legally challenging because proving ordinary negligence often isn’t enough. Under current law, we typically have to prove that the funeral home’s actions were so extreme and outrageous that they justify recovery for the emotional harm caused — a much higher burden than proving simple negligence.

That’s a higher legal standard than most people expect, which is why it’s so important to work with an attorney experienced in these unique cases.

Don’t be afraid to ask questions. Families often feel overwhelmed and simply accept everything they’re told. Remember, the funeral home works for you. Take your time, ask questions, and make sure you understand every part of the process before making decisions.

I also want families to know that speaking with an attorney costs nothing. Even if we ultimately determine there isn’t a case we can pursue, we’re happy to provide guidance, answer questions, and help families understand their options. A consultation with us is always free.