The loss of a loved one is already an emotionally overwhelming experience. But that pain deepens when a funeral home violates your trust by mishandling the remains. In Lakeland, Florida, funeral homes are held to strict standards when managing and preparing human remains. If those standards are not met, you may be able to file a lawsuit. Understanding your rights under Florida law can help you make informed decisions during this challenging time.
What Is Considered Mishandling of a Dead Body?
Funeral homes are required to treat human remains with the highest respect and professionalism. When they fail to do so, the impact on the grieving family can be devastating.
Examples of mishandling include:
- Improper storage or refrigeration of the body
- Cremating the wrong remains or mislabeling ashes
- Allowing unauthorized individuals to access the body
- Delivering remains to the wrong family
- Disregarding religious or contractual burial requests
These actions are not only emotionally damaging but may also be legally actionable.
Your Legal Rights in Florida
Florida law allows families to pursue legal claims against funeral homes for negligent or intentional mishandling of remains. These cases often involve more than financial loss. The emotional trauma suffered by the surviving family members is a critical part of the legal claim.
Legal grounds for a claim may include:
- Breach of contract
- Negligence
- Intentional infliction of emotional distress
- Mishandling of a corpse (a recognized tort in Florida)
To hold a funeral home accountable, you will need clear documentation and, in some cases, expert testimony to demonstrate that their actions deviated from industry standards.
What Compensation Can You Recover?
Even if no physical injuries occurred, you may still be entitled to financial compensation. Damages can include emotional suffering and economic losses tied to the funeral home’s misconduct.
Compensation may cover:
- Emotional distress and mental anguish
- Refunds for funeral services
- Burial or cremation costs
- Costs related to correcting the funeral home’s errors
- Punitive damages in severe cases
An experienced funeral home negligence attorney in Florida can assess the potential value of your claim and advocate for your family’s justice.
How a Funeral Home Negligence Attorney in Florida Can Help
These cases are often sensitive and complex. An experienced Florida funeral home negligence attorney will not only offer legal guidance but also treat your case with the compassion it deserves.
A qualified attorney will:
- Review all contracts and service agreements
- Investigate the funeral home’s handling of your loved one’s remains
- Secure expert testimony on funeral industry standards
- File a civil claim on your behalf and negotiate a fair settlement
Having legal representation helps ensure that your voice is heard and that those responsible are held accountable for their actions.
Choose a Firm That Understands the Sensitivity of Your Case
At the Law Offices of Wolf & Pravato, we recognize the emotional weight of funeral home negligence. We are committed to representing families with respect, diligence, and care. Our legal team has secured substantial results for victims of mishandling, including a $500,000 settlement with a funeral home. Let us help you seek justice. Contact us today for a confidential, free case evaluation. You do not pay unless we win.
FAQs
What is funeral home negligence?
Funeral home negligence occurs when a facility fails to provide professional and respectful care of a deceased person’s body.
Can I sue for emotional distress in these cases?
Yes, Florida law allows family members to claim emotional damages for mishandling of a loved one’s remains.
How can I prove the funeral home acted negligently?
Evidence may include contracts, photos, witness testimony, and expert evaluations of funeral industry practices.
Is there a time limit for filing a lawsuit?
Yes. You typically have two years from the date of discovery to file, but acting quickly is recommended.
What should I do if I suspect mishandling?
Speak with a funeral home negligence attorney in Florida to evaluate your claim and protect your rights.
