Discovering that a funeral home has mishandled your loved one’s remains is a heartbreaking and devastating experience. Families trust funeral professionals to treat their deceased family members with the utmost dignity and care. When that trust is broken, the emotional and legal consequences can be severe. If you suspect funeral home negligence in Lakeland, you may be able to take legal action. But to do so successfully, you must know how to prove it.
Understanding What Counts as Funeral Home Negligence
Funeral homes are expected to uphold industry-wide ethical and professional standards when handling remains. The National Funeral Directors Association Code of Professional Conduct defines the principles of dignity, transparency, and accountability that licensed professionals must follow.
Funeral home negligence occurs when a facility fails to meet the professional standard of care required in handling the deceased. This type of negligence may involve errors in embalming, cremating the wrong person, losing remains, misidentifying bodies, or failing to honor the agreed-upon services.
Not every mistake rises to the level of legal negligence; however, when misconduct leads to emotional trauma, financial loss, or spiritual harm, the law may provide a remedy. Understanding the distinction between an honest mistake and legally actionable conduct is the first step in determining how to proceed.
Common Examples of Funeral Home Negligence Cases
Certain types of negligence are more common than others in funeral home negligence cases. These include:
- Cremating or embalming the wrong body
- Mislabeling or losing remains
- Improper storage of the deceased
- Damaged or defective caskets
- Failure to follow religious or cultural funeral practices
Each of these situations can cause significant pain and disruption to grieving families. Legal action allows families to hold the funeral home accountable and seek compensation for their suffering.
What Evidence Do You Need to Prove Negligence?
Proving funeral home negligence requires showing that the funeral home breached its duty of care and caused harm as a result. Helpful evidence includes:
- Service Contracts: These show what the funeral home agreed to do and what went wrong.
- Witness Statements: Friends or relatives who attended the service may have observed the mishandling.
- Photographs: Visual evidence of mishandled remains, poor facility conditions, or damaged property.
- Funeral Home Records: These may reveal procedural errors or staff communications.
- Expert Testimony: Professionals in mortuary science can explain how industry standards were violated.
Collecting and preserving this evidence is critical. An attorney can help you gather these materials and prepare a compelling case.
Why You Need a Funeral Home Negligence Attorney in Florida
Funeral home negligence claims are highly sensitive and legally complex. A funeral home negligence attorney in Florida can:
- Determine whether negligence occurred
- Investigate the funeral home’s conduct and obtain records
- Handle all communications with the funeral home and its legal team
- Quantify your damages, including emotional and financial losses
- Build a strong legal claim backed by expert insight
At Wolf & Pravato, we approach every case with compassion and resolve. Our attorneys are skilled in uncovering negligence and advocating for justice.
When to File and What Damages You May Recover
Under Florida law, families typically have two years from the date of discovery to file a negligence claim against a funeral home. The rules governing these actions are outlined in the Florida Statutes Chapter 497, which regulates the funeral, cemetery, and consumer services industry statewide.
- Compensation for emotional distress
- Funeral and service-related expenses
- Costs to correct or redo the service
- Punitive damages for extreme misconduct
Prompt legal action helps protect evidence and strengthens your claim.
Compassionate Legal Help for Families in Lakeland
At Wolf & Pravato, we have secured significant settlements for families harmed by funeral home negligence, including a $500,000 award in a case involving mishandling by a funeral home. If you believe your family has suffered due to negligent treatment of a loved one’s remains, contact us for a free consultation. You only pay if we win.
FAQs
What qualifies as funeral home negligence?
Negligence occurs when a funeral home fails to meet professional standards and causes harm through mishandling or carelessness.
Can I sue a funeral home for emotional distress in Florida?
Yes, you may be able to sue for emotional distress caused by negligent or intentional mishandling of remains.
How long do I have to file a lawsuit?
You generally have two years from the date of discovering the negligence to file a lawsuit in Florida.
What if I signed a contract with the funeral home?
Contracts can support your case by proving what the funeral home promised and failed to deliver.
Do I need a lawyer for a wrongful death case involving a funeral home?
Yes. These cases require careful legal handling, and a skilled attorney increases your chances of success.
