After the loss of a loved one, an error by the funeral home can make the experience even more traumatic. If you believe an embalming mistake was made, you may have a legal case. A Fort Myers funeral home negligence lawyer can help you pursue it.
What Is the Purpose of Embalming?
Embalming is a process that replaces bodily fluids with a preserving agent. It is done to slow down the decomposition of the body and is typically done in situations where the body is going to be viewed by the public (such as an open-casket funeral). It may also be used in cases where refrigeration of the body is not possible.
It’s essential to note that all Florida funeral homes are required to comply with state regulations governi funeral and cemetery services. Also, embalming is not legally required in Florida, but the remains must be stored at a temperature of 40 degrees Fahrenheit. Funeral home directors must inform clients of this.
Families should be provided with clear, written options regarding embalming versus refrigeration. According to Florida Statute § 497.386, any failure to communicate the necessity or choice regarding embalming may be seen as misrepresentation or even fraud if the service is performed or charged without consent.
What Is an Embalming Error?
When embalming has gone wrong, it is typically because of the following reasons:
- Improper Techniques: This includes the use of improper chemicals or inadequate sanitation.
- Disfigurement: If chemicals are over applied or applied incorrectly.
- Failure to Embalm: If embalming was asked for and the funeral home fails to deliver the service.
- Unauthorized Embalming: On the other hand, if a funeral home embalms a body without prior request, then it is also an error.
Other examples include cross-contamination between bodies, excessive bruising due to poor handling, or incomplete drainage, which can result in accelerated decomposition. Each of these not only breaches industry standards but can also inflict serious emotional trauma on family members.
Mistakes during the embalming process may stem from unlicensed staff performing the task or from funeral homes that attempt to cut costs by skipping quality control measures. These lapses represent not only negligence but also a disregard for the trust placed in the provider.
When Should You Take Legal Action After an Embalming Error?
If any of the following are true, then you may be able to take legal action against the funeral home:
- Breach of Contract: If a funeral home fails to deliver a service or provides one without consent, then they may be in breach of their contract.
- Negligence: If the funeral home director or staff were negligent in their actions, then you may have a claim.
- Emotional Distress: If their actions led to emotional trauma on the part of family members and other loved ones.
In each of these cases, you will likely need to investigate to build proof for your claim against the funeral home.
Florida law also permits punitive damages in cases involving egregious or willful misconduct. If a funeral home knowingly falsified records, covered up an error, or acted with gross indifference, these additional damages may apply.
Families should also be aware that the Florida Division of Funeral, Cemetery, and Consumer Services may initiate investigations upon receiving formal complaints. This could support civil claims and help document patterns of misconduct.
How a Fort Myers Funeral Home Negligence Lawyer Can Help With Your Case
Having legal representation can make the process smoother and less stressful for you and your family. Your Fort Myers funeral home negligence attorney will provide the following services:
- Advising you on all the legal options you have after an embalming that has gone wrong
- Investigating your claim
- Gathering evidence to support the claim
- Handling all communication with the funeral home and their insurance company
- Negotiating on your behalf
- Answering your questions and keeping you updated on the progress of your case
- Representing your case in court when needed
An attorney will also help secure expert testimony from licensed embalmers, pathologists, and grief counselors to substantiate your claim. These professionals can evaluate whether the funeral home deviated from standard protocols and how this affected your family emotionally and financially.
Some cases may also involve consumer fraud. Suppose a funeral home sold embalming services under pretenses or charged for services not rendered. In that case, your lawyer may seek restitution or class action inclusion, depending on the scale of the misconduct.
Common Damages You Can Recover for Embalming Errors
If your claim is successful, your family may be entitled to recover compensation for a variety of losses, including:
- Funeral-related costs incurred due to corrective procedures
- Refunds for services not rendered
- Compensation for emotional suffering and distress
- Legal and investigative expenses
- Punitive damages in cases of intentional or malicious behavior
In some instances, families have been compensated for the inability to hold a public viewing or ceremony due to disfigurement. The emotional value of a respectful goodbye is significant, and courts recognize this loss.
Why Trust the Law Offices of Wolf & Pravato?
Our team has over 20 years of experience fighting for South Florida families affected by funeral home negligence. We know how to build strong cases grounded in Florida’s consumer protection and funeral regulations.
Our results include:
- $3.5 million funeral negligence recovery in West Palm Beach
- $500,000 funeral settlement for mishandling and failure to preserve remains
- Confidential settlements involving unauthorized procedures and documentation fraud
We are Board Certified, trial-tested, and equipped to take on both small establishments and national funeral chains. We understand that these cases are more than legal disputes—they’re about honoring your loved one’s memory and holding institutions accountable.
You pay nothing unless we win compensation on your behalf.
Take Action for Your Loved One Today
At the Law Offices of Wolf & Pravato, we understand how difficult this time must be for you. Our legal team handles embalming errors and other funeral home negligence cases with the empathy and dedication they deserve. You can read past reviews to learn more about how we can help.
Call us Today and get started on your case with a free initial consultation.
