In the state of Florida, the law prevents anyone from desecrating a deceased person in any way, including stealing from their remains or coffin. The law also allows you to hold a negligent funeral home financially liable if they or one of their team members commits any such act. If your family experienced mistreatment of a loved one’s remains to this degree, a Florida funeral home negligence lawyer can help you obtain damages.
A local attorney can clarify Florida laws on funeral home negligence involving theft of personal items and prepare your insurance claim or lawsuit. Your legal team can investigate your family’s allegation of theft, prove the negligence that led to it, and file your insurance claim or lawsuit. Your initial funeral home negligence claim review is typically free.
Is Theft of Personal Items Considered Funeral Home Negligence by Florida Law?
Theft of items off the remains or coffin of a decedent is a commonly reported type of funeral home negligence. Florida laws strictly prohibit theft of all of the following:
- Jewelry
- Watches
- Heirlooms
- Clothing
- Money
- Medals
- Awards
- Mementos
The theft of these items is illegal. If your loved one’s remains were robbed of any item of real or sentimental value you placed on their person or in their coffin, you can seek compensation from the funeral home.
You can also fight for justice and fairness by reporting the funeral home’s conduct and illegal activity to the appropriate regulatory agency.
How Do You Prove a Deceased Person’s Personal Property Was Stolen?
Start with any contracts or other written information you provided the funeral home that directly addresses how the decedent was to appear in their coffin. Include a detailed list of their clothing, accessories, and jewelry.
If available, include photos and videos that directly address this issue and the specific named items. Collect statements from witnesses who saw the missing items when they were in the appropriate place. Also, information should be collected from the witnesses who saw the items after they should have been with the decedent.
Can You Report a Florida Funeral Home for Negligence Involving Theft of Personal Items?
You can report a funeral home for theft at the state’s Funeral, Cemetery, and Consumer Services. You can download a consumer complaint form and submit it with all the evidence you can amass to support your allegations of theft. They will keep you informed and updated throughout the investigation of your complaint.
The agency cannot return your property, but they can hold the funeral home accountable for their actions. In addition, your report can lead to action that could protect future grieving families from being taken advantage of in the same manner.
You do not have to file a complaint against a negligent funeral home in Florida on your own. Since you are going through a difficult time and this issue can be emotionally challenging, consider hiring a lawyer to manage the myriad details for you. They will collect evidence, manage claim forms and court filings, and handle settlement negotiations on your behalf.
How Much Time Do You Have to File Your Funeral Service Theft Lawsuit?
The sooner you get a law firm involved in your funeral home negligence claim, the more time they have to meet any required notification and filing deadlines. According to Florida Statutes § 95.11, you generally have:
- Two-year statute of limitations to file a personal injury lawsuit
- Five-year statute of limitations to file a breach of contract lawsuit
It can take time to feel up to dealing with the legal process of a claim involving the theft of personal belongings from a loved one’s remains. However, if you miss or misinterpret the filing deadline, you could inadvertently forfeit your legal right to take legal action at all. If a lawyer handles your claim, they can ensure its timely filing.
What Damages Can You Recover for Funeral Home Negligence Involving Theft?
Financial recovery for funeral home negligence claims can vary greatly. Your recoverable damages will depend on the value of the stolen items and many other factors. Nothing can atone for the anguish and trauma you experience after realizing your loved one’s remains have been robbed.
The types of damages you can collect for funeral home negligence include:
- Compensation for your emotional trauma
- The monetary value of the stolen property
- Punitive damages, if available, in your funeral home negligence case
If you are represented by a lawyer, they will help you prove the Florida funeral theft, identify the at-fault party, and build the strongest possible case for financial compensation.
What Are the Steps to Pursuing Damages for a Corpse Robbing Claim?
If you prove the funeral home or its employees are responsible for the loss of a loved one’s personal property, you can seek compensation for its value and more. You must prove the funeral home’s negligence to file an insurance claim or lawsuit against them, which means proving the following:
- Duty of care: The funeral home owed you and your family a responsibility to handle your loved one’s remains with respect and compassion.
- Breach of duty: They (or an employee) stole personal items you wished to be buried with your loved one.
- Causation: This theft has caused your family pain and suffering due to the violation of your loved one.
- Damages: Your family’s pain has a financial value that the funeral home must address.
By establishing these elements of negligence, you could have the basis of a lawsuit against the funeral home. A funeral home negligence attorney in your area can help you collect the evidence you need to prove negligence and seek fair and appropriate financial compensation.
Get a Free Review of Your Funeral Home Negligence Claim Today
If your loved one’s remains or their coffin was robbed of any personal property you included for burial, our law firm can help you take action against the funeral home. Our law firm will prove the theft occurred and file the appropriate insurance claim or lawsuit.
Learn more about Florida laws on funeral home negligence involving theft of personal items. Call (954) 633-8270 to contact our consultation team at the Law Offices of Wolf & Pravato today.
