When you believe a funeral home may have been irresponsible in the handling of your loved one, it can quickly become a nightmare. Understanding what a funeral home’s actual responsibilities include and what a funeral home does to a body is essential. In this article, we’ll explain those responsibilities and how a Fort Myers funeral home negligence lawyer can help.
Initial Response and Transportation to the Funeral Home
Once you engage with a funeral home, they must act in a timely manner to retrieve the body. They usually have to coordinate with the hospital or morgue to do so. The process typically involves ensuring the body is properly identified.
There are also Florida-specific regulations about transporting human remains. For one, a license is required for anyone to do so.
Funeral homes must follow strict timelines and procedures when taking custody of a body. Any delays can jeopardize the condition of the remains and may interfere with family religious or cultural observances. If a delay is medically or legally necessary, the funeral home is expected to communicate this clearly to the next of kin.
Licensed personnel must handle remains during transportation, and vehicles used must meet sanitation standards. If the funeral home subcontracts this task, they are still responsible for ensuring the third party complies with all legal and ethical guidelines.
Proper Filing of Documents
The funeral home’s director is required to file a death certificate within five days. However, extensions may be granted if there are extenuating circumstances. For example, if an autopsy has been delayed.
Before burial, cremation, or any other final disposition methods, the funeral director must obtain the proper permit to do so.
Florida Statute § 382.008 outlines the legal framework for death certificate filings. Errors, omissions, or falsified information on this form may create legal and financial complications for grieving families.
Additionally, the funeral home must coordinate with physicians or medical examiners to ensure the medical certification of the cause of death is completed. Failure to properly certify the cause can result in delays in insurance claims and estate settlements.
What Do Funeral Homes Do to the Bodies?
Within 24 hours of transporting the deceased’s remains to the funeral home, the body must be kept refrigerated. Florida does not require embalming in most cases, so this is typically done at the family’s request (such as for an open casket or viewing).
All bodies must be treated with the dignity and respect they deserve. A funeral home’s staff must keep this in mind as they sanitize and prepare the body for burial. This also includes sanitary regulations for the funeral home itself.
Handling remains includes several key processes: cleansing, sanitizing, setting facial features, and dressing. These tasks must be completed with respect and professionalism. Improper handling, including excessive bruising, misuse of chemicals, or offensive presentation, may constitute neglect.
Cremation requires special attention as well. Florida law requires funeral homes to verify authorization documents and confirm the identity of remains before incineration. A mix-up during this process can result in irreparable harm to the family.
What Communication Should Be Expected for Families?
A funeral home director should guide you through the decisions you must make. For example, they should explain the difference between cremation and burial. They are also required to let you know that embalming is not required by law (except in cases where the public’s health is at risk).
Finally, they must also be transparent with their pricing. All costs and services must be itemized.
Under the Federal Trade Commission’s Funeral Rule, families must be presented with an itemized General Price List (GPL). This ensures that consumers can make informed choices about services and costs without being pressured into unnecessary expenses.
Funeral homes are legally prohibited from misrepresenting the necessity of services. For example, claiming that embalming is required for cremation is a violation. They are also obligated to honor pre-paid funeral plans and must provide refunds or adjustments when applicable.
Emotional Support and Cultural Sensitivity
In addition to logistical responsibilities, funeral homes must approach grieving families with empathy and understanding. Families may follow specific religious or cultural rituals that must be respected during handling and final disposition.
For instance, Jewish, Muslim, or Hindu families may require timely burial or special preparations. If a funeral home is unable to accommodate these needs, they must inform the family promptly rather than making last-minute changes or misrepresentations.
Inadequate emotional support or poor communication may not always meet the legal threshold for negligence, but it can add to a family’s trauma. Reputable funeral homes prioritize compassion and clear communication throughout the process.
What Should You Do If You Suspect Funeral Home Neglect?
If you suspect that the funeral home has not followed state regulations or treated the decedent’s body with the respect that is required, contact a funeral home negligence attorney.
Your Fort Myers personal injury lawyer can look for areas where negligence may have occurred, such as checking that the appropriate licensing and permits were acquired. They may also investigate and gather evidence that shows how the body was not properly handled during transportation or preparation.
Negligence may take many forms. Examples include failure to refrigerate remains in a timely manner, unauthorized embalming, improper storage that leads to decomposition, or misidentification. An attorney can subpoena facility records, internal communication logs, and witness statements to prove misconduct.
If the funeral home breached their duty of care, a civil lawsuit may allow your family to recover damages for emotional distress, loss of dignity, funeral costs, and other related losses. These cases may be complex and emotionally taxing, but they play a vital role in holding negligent providers accountable.
Find Out How Our Law Firm Can Help After Funeral Home Negligence
Losing a loved one is always difficult, but when a funeral home adds trauma to your grief, then they should be held accountable. At the Law Offices of Wolf & Pravato, we will fight for your family with the dedication and empathy your family deserves during this difficult time.
Our attorneys have over 20 years of experience handling high-stakes personal injury and funeral negligence cases. We understand the legal and emotional complexities involved and are committed to providing compassionate, personalized legal support.
Past results include:
- $500,000 funeral home negligence settlement
- $3.5 million for improper treatment of remains
Numerous confidential settlements for mistreatment and misidentification
We are proud to be a trusted legal resource for families in Fort Myers. Our firm operates on a contingency fee basis, meaning you pay nothing unless we successfully recover compensation for your losses.
Check out our testimonials from previous clients to learn more about how we help. Call (954) 633-8270 today for a free initial consultation with a member of our legal team.
