If your family trusted a Florida funeral home after the loss of a loved one, you could be entitled to compensation for any errors they make. The mishandling of a loved one’s remains or cremains could mean you are entitled to compensation from the at-fault party. A Florida funeral home negligence lawyer can help you build a strong case for financial recovery.
A lawyer can clarify how to handle funeral home negligence involving wrongful cremation in Florida. They can manage the details of your claim, file your lawsuit on time, and maximize your financial compensation, allowing you and your family to grieve your loss in peace.
What Constitutes Funeral Home or Cremation Negligence?
Wrongful cremation can include many different acts. In some cases, the funeral home could be at fault for a cremation error if any of the following apply:
- They mislabeled one or more decedents’ bodies
- They delivered the wrong body to the crematory
- They mislabeled the cremains returned to the funeral home
The crematory itself could also be at fault if any of the following apply:
- They mislabeled cremains in the chamber
- They cremated remains not intended for cremation
- They comingled the cremains of two individuals
- They delivered the wrong cremains to the funeral home
If your family experienced any of these acts—your loved one was cremated, or not cremated, against you or the decedent’s wishes—you could have a case for wrongful cremation. A lawyer will help you understand the funeral home’s negligence and build a strong case for financial compensation.
Who Can Be Held Liable for Florida Cremation Mistakes?
Defining financial accountability for a cremation error can be complicated. To recover damages, you must identify the at-fault party and prove the negligence that caused the cremation error.
The required elements of negligence include the following:
- Duty of care: The funeral home or crematorium owed you a duty of reasonable care to handle your loved one’s remains and cremains with dignity and respect.
- Breach of duty: The funeral home or crematorium breached their legal duty by comingling, disposing of, or otherwise mishandling your loved one’s remains.
- Causation: The breach that led to a wrongful cremation was the direct result of the funeral home or crematorium’s action or failure to take appropriate action.
- Damages: Your family had negative financial consequences and psychological trauma caused by the funeral home’s negligence.
These elements can be proven with a strong evidence collection. Collecting evidence can be a complex process. If you are represented by a lawyer, they will handle every avenue of evidence collection for you.
How Can You Prove a Wrongful Cremation Occurred?
Proving wrongful cremation in Florida can be hard. It can also be an emotionally charged issue for your family, making it hard to collect evidence on your own. Evidence that supports your claim can include the following:
- Photos
- Documents
- Witness statements
- Admissions of error
Keep copies of all the contracts and other written or electronic correspondence between you and the funeral home. If needed, your lawyer can obtain correspondence between the funeral home and the crematorium.
Do You Need a Lawyer to Sue for Wrongful Cremation in Florida?
You are not required to have a lawyer, but your case could benefit in many ways from having a lawyer familiar with handling cremation issues on your side. To prove funeral home negligence, they will:
- Deal with the insurance company: Handle all verbal, written, and electronic communication and negotiate on your behalf
- Document your recoverable damages: Collect the bills and receipts that establish the value of your claim and include them in your evidence collection
- Conduct a private investigation: Delve into the details of your accident and identify the causes, contributing factors, and at-fault party
- Manage all case-related paperwork: Obtain, complete, and submit insurance claim forms and court paperwork and filings
In addition, you and your family could benefit from having a lawyer. They can deal with the challenging, often emotionally triggering parts of this type of claim for you. They can also file an official complaint with Florida’s Funeral, Cemetery, and Consumer Services.
What Damages Can You Get for a Funeral Home Negligence Involving Wrongful Cremation Claim in Florida?
If your family was victimized by the wrongful cremation of a loved one, you could be entitled to financial recovery from the negligent funeral home or crematorium. The compensation you can recover includes:
- Emotional distress: Compensation for the mental and emotional trauma caused by the wrongful cremation of a loved one.
- Actual damages: The cost of the cremation and the other goods and services connected to it, including coffin, urn, funeral service, and other expenses and losses.
- Future services: The costs of repeat funeral services as the result of a cremation error.
- Lost wages: You can recover damage to recover the income you missed when dealing with the wrongful cremation and its aftermath.
If a cremation error was intentional or the result of gross negligence, you could also be entitled to recover punitive damages. A lawyer can examine the details of your case and clarify whether you can request these added damages.
Is There a Time Limit for Filing a Funeral Home Negligence Lawsuit in Florida?
Yes, the state of Florida limits the time you have to file your civil lawsuit. According to Florida Statutes § 95.11, you generally have:
- Two years to file a personal injury lawsuit
- Five years to file a breach of contract lawsuit
If the filing deadline expires, you could be prevented from filing your lawsuit at all. A funeral home negligence attorney can help you avoid this costly outcome by filing your lawsuit one time and in the appropriate legal venue.
Call (954) 633-8270 for Your Free Funeral Home Negligence Review
If your family experienced the loss of a loved one followed by a wrongful cremation, we can help you get compensation from the responsible party. We will handle all the details of your claim so you can focus on taking care of your family.
Find out how to handle funeral home negligence involving wrongful cremation in Florida with a free claim review. Contact our consultation team at the Law Offices of Wolf & Pravato to get yours today.
