Funeral home negligence can be emotionally devastating. If your family experienced funeral service misconduct or mistreatment while planning services at any point in the process, you could be entitled to financial compensation. To obtain it, you must be able to prove the funeral provider was negligent. That means building a strong collection of evidence and understanding the state’s funeral industry laws and regulations.
You do not have to prove the elements of your claim or build your case alone. Florida funeral home negligence lawyers know how to prove misconduct in funeral home negligence cases. They can help you collect and organize evidence and deal with the insurance company of the responsible party on your behalf. Law firms in your area often provide a free claim review and legal service and support throughout your journey.
The Importance of a Strong Evidence Collection for Proving Misconduct
Like all negligence claims, the one you file relies on a strong collection of evidence to tell its story. Evidence can prove the legal elements of funeral home negligence, including:
- The funeral home owed you a duty of reasonable care
- The funeral home failed to meet its legal obligation
- The funeral home’s actions caused your current situation
- The funeral home’s actions can be readily documented
Your family deserves time to support one another during this difficult time. While you do, your legal team can focus on building the strongest possible case on your behalf. Contact our law firm to learn more about your family’s rights and to explore your financial recovery options.
Funeral Home Negligence Includes Multiple Types of Theft
If your loved one purchased a pre-need funeral package, the funeral home must honor the agreed-upon services included in the contract at the time of their demise. If their pre-need contract is disregarded or you are coerced or forced into purchasing additional services, this could constitute negligence.
You could also be entitled to damages for the theft of items from your loved one’s remains or from their coffin. To prove these allegations, your lawyer will collect receipts, contracts, and your own testimonial about the service planning process.
Mishandling of the Decedent or Their Burial is Negligence
When you trust a funeral home with the handling of a loved one and the presentation of their funeral service, you should receive all the services for which you contracted. Acts that could constitute negligence include:
- Improper storage or refrigeration
- Failure to properly embalm remains
- Burial in the wrong coffin or grave
- Dropping or damaging human remains
These forms of negligence can be proven with photos (when available), eyewitness statements, and expert testimonials. A lawyer can help you compile the negligence case evidence you need.
Examples of Improper Funeral Home Practices
The funeral home and death care industries are heavily regulated to protect grieving families and to avoid Florida misconduct claims whenever possible. Negligence in hiring and implementation can include:
- Failure to ensure funeral home employees meet licensing and hiring criteria
- Knowingly relying on an untrained or unsupervised employee
- Ignoring or disregarding state and federal laws and regulations
- Relocating a grave or failing to provide an appropriate marker
Proving this type of misconduct means examining employee and the funeral provider’s training and licensing records. This evidence might be easier for a lawyer to access and include in your case file.
Why Choose a Funeral Home Negligence Attorney to Handle Your Claim
Unfortunately, there are many ways a family can be victimized by funeral home negligence. The type of evidence you and your lawyer compile will depend on how your family was mistreated. On your behalf, your lawyer can:
- Compile and organize evidence
- Clarify funeral industry laws
- Communicate with the insurer
- Assess your financial recovery
- Negotiate a fair settlement
Your lawyer can ensure your claim meets all the required legal parameters and is filed within the allotted time. They can also provide you with regular updates as your case develops and progresses.
Get Legal Support at No Upfront Cost to Your Family
Funeral home negligence attorneys will represent your family on a contingency fee basis. You will pay nothing upfront (the law firm will cover all costs) or out of your own pocket. The law firm only gets paid if you recover compensation, and you owe nothing if you do not.
Recoverable Damages in Florida Funeral Home Negligence Cases
Nothing can atone for the mistreatment of your family at a vulnerable time or for the mishandling of a loved one’s remains. Your family can recover the following types of compensation:
- Costs of funeral services like cremation and embalming
- Costs of goods, including casket, urn, burial vault, etc.
- Mental and emotional trauma for the impact of the negligence
You could also be entitled to compensation for the costs of another funeral service or burial, if necessary. Though these types of damages are rarely awarded, your lawyer can inform you if your family can request punitive damages, typically awarded in cases of gross negligence or intentional wrongdoing.
Understanding Filing Deadlines for Funeral Home Negligence Lawsuits
According to Florida Statutes § 95.11, you generally have two years to file a personal injury claim or four years to file a breach of contract claim. It can be hard to know which applies to your case on your own.
You do not have to manage the timeline of your negligence claim on your own. When a lawyer represents you, they will define the appropriate statute of limitations and file your lawsuit on time and with the appropriate court.
Get a Free Review of Your Florida Funeral Home Negligence Claim
If your family experienced mistreatment from a funeral service provider, you could be entitled to financial compensation. Our law firm can help you build a strong claim, including defining how to prove misconduct in Florida funeral home negligence cases.
One of our legal team members will listen to your story with kindness and compassion. Contact us for your free claim evaluation with our consultation team at the Law Offices of Wolf & Pravato today.
