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ToggleThe death care industry is carefully regulated in Florida to ensure funeral homes do not take advantage of grieving families when they are vulnerable. You can fight to hold a funeral home that does not comply with state and federal regulations accountable for its actions. You can file a complaint to The Division of Funeral, Cemetery, and Consumer Services by mail or fax.
If a funeral home did not treat your family appropriately when making final arrangements for a departed loved one, you could be entitled to compensation. A Fort Lauderdale funeral home negligence attorney can help you file a complaint (as well as an insurance claim or lawsuit) against a negligent funeral home. Find out with a free consultation and learn more about your right to financial recovery.
Follow These Steps to File a Complaint Against a Negligent Florida Funeral Home
Florida’s Division of Funeral, Cemetery, and Consumer Services oversees the death care industry in Florida. This is where you will file an official complaint. Start by downloading and printing the required complaint form, which will request information like:
- Your personal information and contact details
- The funeral home’s name and contact information
- Specific employee names, if applicable to your complaint
- Dates and other relevant details about your specific complaint
Include any evidence already in your possession with your complaint form. Complete and submit it by fax or by mail. The Division of Funeral, Cemetery, and Consumer Services will review your funeral home complaint and contact you with further information.
Common Reasons Grieving Families Report Negligent Funeral Homes
Making final arrangements for a loved one should be a solemn process that flows smoothly and provides comfort for bereaved families. If your family held a funeral service that did not go as planned, this alone may not constitute funeral home negligence.
Some common reasons families might file a complaint against a funeral home include:
- Misleading consumers about required purchases
- Improper embalming, storage, handling, or burial of the deceased
- Selling of organs, body parts, or personal property
- Infliction of sexual trauma or abuse upon human remains
- Inappropriate presentation of the decedent’s remains
- Burying the wrong body
If any of these or similar actions are at the root of your complaint, an official investigator may interview the funeral director and other funeral home employees. They might also interview you and other friends and family members who attended the service or assisted with its planning. They will note any proof of negligence and complete an investigation.
An Official Complaint Against a Funeral Home Can Support a Negligence Lawsuit
Reporting a funeral home that mistreated your family at one of your most vulnerable times is a first step. Your complaint can help other families avoid similar, distressing situations.
In addition, you can also file a funeral home lawsuit to seek damages from the negligent service provider. Your complaint is an important part of the evidence collection that can substantiate your claim. Additional supporting evidence in a funeral home negligence claim can include:
- Pre-need contracts
- Witness statements
- Photos and videos
- Funeral home records
- Receipts and bills
- Autopsy reports
- Forensic evidence
- Expert testimonials
This list is not exhaustive, and your evidence collection might include additional evidence not listed here. If a funeral home negligence attorney represents you, they can handle evidence collection for you. In fact, their handling of your claim’s legalities can free you to care for yourself and your family during this trying time.
How Strong Evidence Collection Can Prove the Legal Elements of Negligence
When you file a complaint against or sue a funeral home for negligence, you must prove it by identifying the legal elements of negligence. They include:
- Duty of care: The funeral home’s responsibility to meet all state and federal death care industry rules, laws, and regulations
- Breach of duty: The funeral home or one of its representative’s failure to meet the required standard of care
- Causation: Proof that the funeral home’s negligence resulted in the mishandling of the remains and/or other forms of negligence
- Damages: Proof of the financial consequences your family sustained due to the funeral provider’s negligence
Your accumulated evidence will prove these elements and the monetary value of your compensation request. When you file a complaint funeral home, it can also become evidence for your lawsuit.
Recoverable Damages You Can Request From a Negligent Funeral Home
Nothing can atone for the pain your family experienced when funeral home negligence worsened the loss of your loved one. However, your family can seek economic and non-economic damages for your losses. Financial compensation for funeral home negligence can include:
- Funeral, burial, and cremation expenses
- Compensation for another funeral service for your loved one, if necessary
- Damages for items stolen in acts of theft
- Compensation for mental and emotional trauma and distress
You could also be entitled to punitive damages for acts of malicious, egregious, or intentional wrongdoing. Juries rarely award these types of damages, but your Fort Lauderdale personal injury lawyer will inform you if you may qualify for them.
Your Funeral Home Negligence Lawsuit Must Meet the Statute of Limitations
Florida law limits the time you have to file a lawsuit against a negligent funeral home. In general, Florida Statutes § 95.11 gives you:
- Two years to file a personal injury lawsuit
- Four years to file a lawsuit for breach of contract
If you do not file the appropriate civil lawsuit within the allotted time, the court could bar you from filing it or immediately dismiss it. The insurance company’s representatives will also monitor the statute of limitations and could refuse all settlement negotiations once the deadline passes. A funeral home negligence attorney can help you avoid these potentially costly outcomes.
Get Legal Support When You are Ready to File a Complaint Against a Negligent Funeral Home
When improper care affects you or your family after the loss of a loved one, you should know how to file a complaint against a negligent funeral home. At the Law Offices of Wolf & Pravato, our caring and attentive staff will support your family in filing a complaint and seeking compensation. Call (954) 633-8270 for a free review of your family’s funeral home negligence claim today.