The funeral for a loved one should be the time to celebrate their life with loved ones. However, when a funeral home is negligent in its duties, improper body preservation can be traumatizing. In this article, we’ll explain the signs of improper body preservation and explain how aFort Lauderdale funeral home negligence lawyer can hold funeral homes accountable.
Common Signs of Improper Body Preservation
While improper body preservation may be instantly visible, there are other indicators as well. These include:
- Unusual discoloration, such as graying of the skin
- Swelling
- Sunken facial features
- Leaking bodily fluids, such as seeing blood stains on the coffin fabric
- Strong or unusual odors
- The body is not feeling cool
- The presence of insects
- The body seemed to deteriorate between viewings
If you notice any of these signs, it may signal that the funeral home was negligent.
Experiencing these signs can be emotionally distressing for family members who expected a dignified presentation. The shock of seeing a loved one in a state of decay or mishandling can compound the grief, leading to emotional trauma, loss of trust, and even long-term psychological harm. This is not just about the body; it’s about preserving dignity, memories, and closure during an already vulnerable time. We understand the emotional toll this can take and are here to help.
Potential Causes of Improper Body Preservation by a Funeral Home
In some cases, there may be extenuating circumstances (such as a natural disaster) that prevent proper body preservation. However, the issue is more often due to negligence.
- Improper Embalming Techniques: The funeral home failing to embalm the body despite it being requested, or if steps were skipped by improperly trained staff members.
- Inadequate Refrigeration: Power outages or equipment failure can happen. Negligence, such as setting equipment to the wrong temperature or not properly monitoring it, can also be the cause.In Florida, bodies must be preserved at 40 degrees or below.
- Delays in Service: The funeral service provider is failing to take appropriate preservation steps in the required amount of time. In Florida, bodies must be disposed of or preserved (via refrigeration or embalming) within 24 hours of death.
A funeral home negligence attorney can thoroughly investigate to uncover what improper actions occurred. A thorough investigation by an attorney may include reviewing embalming logs, staff training certifications, refrigeration logs, surveillance footage (if available), and the funeral home’s compliance history with state regulators. Your attorney may also consult forensic pathologists or mortuary science experts to validate the timeline and technical errors in preservation. These insights help establish negligence and strengthen your case.
Can You Hold the Funeral Home Accountable?
In many cases where negligence was involved, you may be eligible to seek financial compensation from the funeral home. Some examples of when this is possible include:
- Breach of Contract: If the funeral home did not complete agreed-upon services or otherwise failed to uphold the terms of a written agreement. Many funeral home contracts include expectations for preservation and care.
- Negligence: The funeral home industry is regulated with set standards. If the funeral home did notmeet those standards or otherwise failed in their duty of care, they would be liable.
- Failure to Meet State Regulations:Funeral homes are strictly regulated in how they transport and store remains. Proving that a funeral home failed to uphold these regulations may allow you to bring a body preservation lawsuit in Florida against them. Legal remedies in these cases may include compensation for emotional distress, funeral costs, breach of contract damages, and even punitive damages if egregious misconduct is proven. Courts understand the emotional weight of funeral-related negligence and often consider the psychological impact on surviving family members when determining compensation.
What You Can Do If It Happens
If a loved one’s remains were improperly handled or stored, there are a few steps you can take to preserve your legal rights and hold the funeral home accountable.
- Document Everything: If it is appropriate to do so, take photos of the body. Write down the names of everyone you talked to at the funeral home, as well as the date of your loved one’s passing and when the funeral home was contacted.
- Keep Receipts and Correspondence: Keep a copy of the original agreement with the funeral home. You should also keep copies of any written correspondence you exchanged with the funeral director or their staff (including text messages).
- Consult a Fort Lauderdale Attorney: They can assess whether you can sue the funeral home for body preservation issues or what other legal options you may take.
Contact a Fort Lauderdale Funeral Home Negligence Lawyer
The loss of a loved one is one of the most challenging times someone can go through. When a funeral home causes additional emotional trauma due to its negligence, it should be held accountable.
Sadly, cases of funeral home negligence are more common than many realize. Florida has seen multiple complaints filed each year with the Department of Financial Services, many involving improper preservation, failure to follow burial wishes, or mishandling of remains. If your family has experienced anything similar, it’s essential to speak up. By doing so, you’re not just seeking justice for your family, but also helping to prevent it from happening to others. Your voice matters, and we’re here to support you.
The funeral home negligence attorneys in Fort Lauderdale atthe Law Offices of Wolf & Pravato can help. We understand the pain you’re going through and are here to provide the support and guidance you need. We will investigate and fight for the financial justice your family deserves. Contact us today at (954) 633-8270 to get started with a free consultation.