The funeral home and death care industry is carefully regulated to protect consumers at one of life’s most vulnerable moments. Any violation of these regulations could result in financial and emotional abuse at a time when you should receive kindness and respect. If your family was the victim of funeral home negligence or abuse, you could be entitled to compensation.
Florida funeral home negligence lawyers will compassionately listen to your story and clarify your compensation options. Learn more about the impact of Florida’s funeral industry regulations on negligence cases. Contact a team member at a local law firm—typically at no cost or obligation—to learn more about your family’s rights to financial recovery.
Funeral Industry Laws Outline Consumer Rights
Florida Statutes § 497 is an entire chapter explicitly written to protect the rights of vulnerable consumers from funeral industry negligence. It safeguards how funeral homes and other death care industry companies treat clients.
These regulations ensure you are treated with courtesy and respect when companies adhere to them. They also ensure you can make decisions freely, rather than being forced or coerced into purchasing unwanted goods and services.
Section 497.141 Regulates Home and Individual Professional Licensing
State regulators ensure appropriate licensure for many areas of professionalism in the industry. Individuals subject to the licensing provisions of Florida Statutes § 497.141 include the following:
- Embalmers
- Funeral directors
- Direct disposers
- Monument sales agents
- Preneed sales agents
Florida funeral industry laws and appropriate licensing can protect consumers from unprofessional and improper final arrangements that could result in unacceptable preservation and presentation.
Section 497.152 Describes the Disciplinary Measures Funeral Homes Could Face
Florida families have the right to file a complaint when a funeral home acts negligently and have their allegations investigated. If the allegations are confirmed, a funeral home could face disciplinary action, including suspending or revoking its license.
These penalties could ensure appropriate action from current and future funeral homes and employees.
Funeral, Cemetery, and Consumer Services Governed By Regulations
The Florida Department of Financial Services Division of Funeral, Cemetery, and Consumer Services also handles consumer complaints regarding negligence allegations. Its areas of concentration include:
- Cemeteries
- Mausoleums
- Crematoriums
- Funeral services
- Preneed vendors
If any of these businesses take advantage of your family, you can file an official complaint. In addition to getting justice for your family, you can protect other Florida families from negligence and funeral regulations being ignored.
Regulations Protect Vulnerable Families When They Need It Most
Florida funeral regulation violations can include multiple acts by the funeral home or its staff. Commonly reported violations include:
- Improper preservation of the decedent
- Substituting coffins without permission
- Cremating or burying an incorrect body
- Harvesting or sale of a decedent’s organs
- Theft of items from the body or coffin
Additional acts of negligence include misrepresenting a preneed contract and forcing families to purchase unwanted products.
How to Measure Funeral Regulations Impact on Your Family
Funeral home negligence can affect your family in many ways. It can have a significant monetary impact that can challenge your household budget. It can also cause you and your family members to experience:
- Emotional trauma
- Depression and anxiety
- Shock and dismay
- Sleep disturbances
The mental and emotional trauma you experience could be compensable. A funeral home negligence lawyer can help you build a comprehensive case file. They can also file your lawsuit on time and fight for maximum financial recovery for your family.
Financial Compensation for Victims of Funeral Home Negligence
Suppose a funeral home violates Florida funeral industry laws and federal regulations, leading to mistreating or mishandling your loved one or their remains. Your family can hold it accountable for its actions.
Financial recovery your family could receive might include:
- The costs you paid for negligent services
- Any costs you incur making new arrangements
- Mental and emotional trauma you endure
- Reimbursement for stolen personal items
- Compensation for stolen body parts and organs
Home Negligence Attorney Can File Your Lawsuit on Time
According to Florida Statutes § 95.11, you have limited time to file your lawsuit:
- Two years to file a personal injury lawsuit
- Four years to file a breach of contract lawsuit
Complying with the filing deadline is crucial. Failure to comply could mean the court will not allow you to file your lawsuit or will dismiss it without ever hearing its details and merits.
So, act quickly to protect your family’s right to file its funeral industry negligence case. In addition to meeting the applicable statute of limitations, prompt action has added benefits. It gives your legal team time to conduct a detailed investigation and lets your family focus on caring for each other.
Additional Advantages of Hiring a Funeral Home Negligence Attorney
Proving funeral home negligence and building a solid case file can be challenging on your own. When a funeral home attorney handles your claim, they will:
- Collect evidence such as preneed contracts and supporting documents
- Manage all verbal, written, and electronic communication with insurers
- Handle each phase of negotiations and fight for a favorable settlement
Your lawyer will also collect evidence that might be difficult for you to obtain or could emotionally trigger you, including legal documents, official reports, and your loved one’s autopsy results and death certificate.
Get a Free Review of Your Funeral Home Negligence Claim in Florida
Making the final arrangements for a departed family member can be a trying process. If a funeral home or crematory mistreated or mishandled your loved one or unduly pressured your family, you must understand the impact of Florida’s funeral industry regulations on negligence cases.
Find out how your family can fight back. Call (954) 633-8270 today to speak with a team member at the Law Offices of Wolf & Pravato for your free consultation.
