If you were the victim of funeral home negligence, you can hold the service provider accountable for their actions and the emotional and financial toll it took on you and your family. Our guide can help you understand how to report funeral home negligence to regulatory authorities. To get started, compile any evidence you have that will support your allegations of misconduct.
You can obtain a copy of the required form or download a copy directly from their website. In either case, complete and remit the form along with copies (not originals) of any contracts, letters, of other supporting documents and information. You do not have to navigate this process on your own. A funeral home negligence lawyer can help you file your compliant and pursue compensation. Many will do so at no upfront or out-of-pocket cost.
How to Complete and Submit Your Funeral Home Negligence Complaint Form
Florida’s Division of Funeral, Cemetery, and Consumer Services (FCCS) oversees the funeral industry and protects consumers from negligence and acts of bad faith. If you were victimized by a funeral service provider, the following process can help you file an official complaint:
- Download and print a copy of the required complaint form
- Complete and submit the form via fax or by USPS mail
- Include as much evidence as possible with your submission
The more evidence you can present, the better. Include receipts, photos, contracts, correspondence, etc. Your attachments will not be returned to you, so submit copies of these items and retain the originals for your own records.
What to Expect When Your Compliant is Received by the Appropriate Agency
As an investigation gets underway, the funeral service provider will receive a copy of the complaint form. You will get a letter acknowledging your complaint and your case will be given to an investigator. From there, the regulations and oversights process is as follows:
- The investigator will speak to you and any witnesses
- The investigator will contact the service provider
- Any violations of Florida regulations will be documented
Complaints are investigated in the order in which they are received. In addition, it can take up to 60 days for your complaint to be investigated and the appropriate action taken.
You will be kept up to date on any progress and developments in your case, although this is not available if you submit your claim anonymously. Keep copies of any correspondence between you and the agency. If you file a civil lawsuit at a later date, this information could support your funeral home negligence claim.
All of the Following Acts Could Constitute Funeral Home Negligence
Filing an official complaint is only one step you can take if you suspect funeral home negligence marred your family’s experience. A complaint can also help other families receive appropriate care in the future. These actions on the part of the service provider or their employees and staff could indicate negligence or abuse:
- Improper storage or handling of a body
- Selling the decedent’s organs or body parts
- Commingling ashes, graves, or coffins
- Unethical treatment of the body or cremains
- Theft of personal property or effects
- Burying or cremating the wrong body
- Sexual abuse of human remains
- Improper presentation of the decedent
- Improper disposal of human remains
If you notice any of these signs and symptoms in the way your family was treated or your loved one was handled, consider consulting a law firm in your area. A funeral home negligence attorney can describe your rights to file your complaint and to seek financial compensation.
Evidence That Can Support Your Funeral Home Negligence Complaint
Your complaint against a funeral home—and your insurance claim or lawsuit—can be supported with the following types of evidence:
- Regulatory agency findings
- Statements from witnesses
- Photos, video, and correspondence that support your claim
- Premises inspection reports
- Discovery and deposition results
After an investigation, you will receive a funeral home negligence report from the regulatory authority with their findings.
Financial Recovery for Victims of Funeral Home Negligence
A funeral home that is negligent or has bad faith practices, including failing to honor a preneed contract, overcharging you for goods and services, or forcing unwarranted service onto your family, could be financially liable. Compensable damages for funeral home negligence can include:
- Compensation for goods and services
- Compensation for emotional pain and suffering
- Compensation for relocating your loved one’s remains
Assessing your potential compensation on your own can be difficult. If a lawyer represents you, they can help you fight to fair and appropriate damages. A lawyer can also handle the settlement negotiation process for you and deal with the insurance adjuster, so you do not have to. They can also handle all communication with the funeral home, director, and employees.
Do Not Wait to File Your Funeral Home Negligence Complaint or Lawsuit
It can take time to cope with the traumatic aftermath of a mishandled or otherwise traumatic funeral service or the improper treatment of a loved one. Do take time to take care of yourself and your family. You do, however, have a limited time to file a lawsuit against the funeral home. Florida Statutes § 95.11 generally gives you:
- Two years to file a personal injury lawsuit
- Four years to file a breach of contract lawsuit
If the filing deadline on your funeral home negligence case expires, you could be prevented from filing it at all. A lawyer can help you understand the filing deadline and any potential exceptions to these deadlines. They can also help you meet all notifications and filing deadlines to avoid losing your right to seek damages.
Get Legal Support for Your Funeral Home Negligence Claim
If you were overcharged, forced into unwanted purchases, or your loved one was mishandled, you could be entitled to financial compensation from the negligent funeral home.
Learn how to report funeral home negligence to regulatory authorities and how your report could be used as part of your personal injury lawsuit. Contact our consultation team at the Law Offices of Wolf & Pravato by calling (954) 633-8270 to get started today.
