The loss of a loved one can leave your family reeling and vulnerable. Your emotional state may worsen if you are further traumatized by the improper handling of a loved one’s remains. You should know how Florida law protects against embalming negligence. You should also understand your financial recovery options if the funeral home you chose did not adhere to these laws.
You do not have to face the funeral service provider alone. Legal support is available. If your loved one was improperly embalmed, a Florida funeral home negligence lawyer can help you build a strong case for compensation. Most will represent you on a contingency fee basis. This fee structure means you can start pursuing damages at no out-of-pocket cost to you.
Florida Embalming Laws That Safeguard Grieving Families
Embalming is a specialized service that should only be undertaken by properly licensed and trained individuals. Florida Statutes § 497.005 defines many of the laws the state has in place to protect vulnerable families, including:
- The embalmer must be duly licensed by the state of Florida
- The embalmer must be present when the embalming is performed
The embalming process requires expertise in cleaning, disinfecting, and preserving human remains. Embalmers can be licensed via an exam by endorsement or an exam by internship. Embalmers can receive an individual license or combination license (funeral home and embalmer).
Embalmer Licensing and Training Requirements
Because negligence in embalming can stem from improper licensing and training, you need to understand what acceptable embalmer preparation is. Obtaining an embalmer’s license in Florida includes passing the National Board Exam and the Florida Board Exam offered through the Florida Department of Financial Services.
Accordingly:
- Embalmer: An individual duly and fully licensed in the preservation of human remains, including the use of appropriate chemicals and processes.
- Embalmer apprentice: A trainee who works only under the direct supervision of a duly licensed embalmer for up to three years.
- Embalmer intern: A trainee who meets the same requirements as an apprentice, they can train for up to 40 hours a week for 50 weeks prior to obtaining a license.
Your evidence collection can include proof of the embalmer’s history, including their continuing industry education. A lawyer might have an easier time requesting these records than you could have on your own.
In some cases, embalming negligence could be the result of human error or unscrupulous actions. A lawyer can conduct an independent investigation and prove the negligence that led to your claim.
Understand What Constitutes Embalming Negligence in Florida
Though it is not mandatory in Florida, many families opt for embalming services to preserve their loved one’s remains for viewing during a funeral service. If you choose embalming, you should be able to rely on the service provider to do this important job correctly. Examples of embalming negligence include:
- Insufficient embalming that does not fully preserve the remains
- Embalming the wrong remains or incorrect embalming concentration
- Failure to properly refrigerate remains prior to their embalming
- Failure to properly vet, train, or license the embalming professional
If one or more of these factors caused an issue with your loved one’s remains, you could have a funeral home negligence case.
How to Prove Your Loved One’s Remains Were Not Properly Embalmed
An important benefit of hiring a funeral home negligence attorney to represent you is their ability to handle your claim objectively while allowing you and your family to focus on your emotional health and wellbeing during this difficult time.
Evidence they will collect to support your compensation request can include:
- Witness statements
- Photos, if available
- Embalmer records
- Expert testimonials
A claim for embalming negligence in FL can be difficult to substantiate on your own—legally and emotionally.
How Failure to Meet Embalming Standards Affects Families
Florida families have rights and legal protection for embalming that did not meet the acceptable standard. Improper embalming could result in:
- The potentially unacceptable appearance of a loved one during viewing
- Emotional distress for family members who view a loved one’s remains
- Physical disfigurement of remains that result in a closed coffin service
- Embalming insufficient enough that you are forced to have a cremation
If the embalmer or funeral home standards did not meet the state’s requirements and your family was harmed, you can hold the service provider financially liable for their actions.
Recoverable Damages for Embalming Negligence Claims
While nothing can atone for the mistreatment or mishandling of your loved one’s remains, your family can hold the embalmer or the funeral home accountable for their actions. Compensation you may be eligible to recover can include:
- Any costs previously paid to the at-fault embalmer
- Any costs previously paid to the funeral home
- Compensation for your mental and emotional anguish
- Punitive damages if applicable, though these are rare
In addition to financial recovery, holding the funeral service provider financially liable could also mean protecting other families from similar circumstances in the future. A lawyer can help you accurately assess and document your recoverable damages.
Filing Deadlines for Embalming Negligence Lawsuits in Florida
According to Florida Statutes § 95.11, you generally have four years to file a lawsuit against the funeral home for breach of contract. Filing your legal action on time is crucial, as missing the deadline may bar you from seeking compensation.
Your lawsuit could have additional notification and filing deadlines, so the best way to ensure timely filing is to let a lawyer handle it for you. They will assess your claim, identify the appropriate statute of limitations, and file your lawsuit on time.
Discuss Your Florida Embalming Negligence Case with Our Law Firm Today
If your family was traumatized due to the negligent embalming of a loved one, you could be entitled to financial compensation. Our lawyers can help you prove the validity of your claim and its monetary value.
Find out how Florida law protects against embalming negligence and how we can leverage these laws to recover damages on your behalf. Contact our consultation team at the Law Offices of Wolf & Pravato today.
