How To Prove Funeral Home Negligence?

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Prove Funeral Home Negligence

If there has been any abuse committed against or mishandling of your loved one’s remains by the funeral home you hired, you may be able to sue the funeral home for negligence. 

This type of legal action may require you to produce evidence of the funeral home’s negligent actions and their effects on you. This may include photo or video evidence, witness statements, testimony from forensic experts, and more.

You may also have the ability to hire a Florida funeral home negligence lawyer to represent you and also help to recover damages if funeral home. A lawyer can manage the evidence gathering and settlement negotiation on your behalf. If you just lost a loved one, hiring a funeral home negligence attorney can also give you space from the legal proceedings to grieve. 

Examples of Funeral Home Negligence

Funeral home negligence can happen in a number of ways, from a simple clerical error to a gross violation of the body. Some examples of funeral home negligence may include:

  • Providing the wrong body, damaging the body, or losing the body entirely
  • Interring your loved one in the wrong casket or damaging the casket
  • Bringing the body to the wrong site, or burying the body at the wrong site
  • Stealing items off the body
  • Selling parts of the body or organs
  • Having unlicensed staff working on the body
  • Committing acts of depravity with the body
  • And possibly more

If you experienced any of these types of negligence or others not listed here, a funeral home negligence attorney may be able to help you receive compensation for you and your family’s losses for mental anguish, funeral costs, and pain and suffering.

Evidence to Prove Funeral Home Negligence

The evidence that you or your funeral home negligence lawyer gather may need to show the elements of funeral home negligence and how it affected you. These elements may include: 

  • Duty of care: that you hired the funeral home to perform a job with certain expectations associated with that job
  • Breach of duty: that the funeral home failed to do that job 
  • Causation: that the funeral home’s failure led to mistakes, or worse, a desecration of the body
  • Damages: that you suffered in the form of economic and non-economic losses

Remember, negligence does not mean it was intentional. It only means that the funeral home failed to do what it was hired to do. 

The evidence of funeral home negligence that proves these elements may include:

  • Documentation and reports related to your wishes for the body
  • Witness statements related to the events
  • Physical evidence regarding the treatment of the body and casket
  • Evidence requested from the funeral home
  • Receipts, bills, and other evidence of your losses
  • Forensic expert testimony in your defense
  • And more

A funeral home negligence lawyer can gather evidence of the funeral home’s negligence on your behalf when you hire them for representation. 

Call the Law Offices of Wolf & Pravato Today 

The Law Offices of Wolf & Pravato represents victims of funeral home negligence in South Florida. A funeral home negligence attorney from our team can gather evidence related to the negligence that occurred at your loved one’s funeral and have our experts investigate the funeral home. We can speak on your behalf with the funeral home and their insurance company, negotiate a settlement, and, if necessary, take your case to trial. 

For a free consultation on your funeral home negligence case, and to learn more about our representation, call us at (954) 633-8270. We may be able to represent your case on a contingency-fee-basis where we do not collect any up-front fees from you. In this arrangement, our fees are paid from a percentage of your compensation only after you collect it.

We also help the funeral home negligence victims in other cities:

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