The goal of protecting your loved ones does not stop when someone passes away. A funeral home negligence lawyer will seek accountability and justice if a funeral home did anything that caused suffering for you and your loved ones.
Those who trust funeral homes reasonably expect the home to show the decedent and their family the utmost care and attention. When funeral home employees make a mistake or intentionally engage in harmful behavior, they often inflict significant distress on the deceased person’s loved ones. You deserve justice for any harm you have suffered, and a funeral home lawyer will work to ensure justice is served.
Examples of Funeral Home Negligence You Can Seek Justice For
Funeral homes have a straightforward duty of care according to the Federal Trade Commission (FTC). They must honor the decedent’s family’s wishes, handle the body properly, ensure employees do not engage in criminal or unethical activity, and safely transport the body to its final destination.
Unfortunately, funeral home owners and employees sometimes fall short of this duty by:
- Failing to store the human remains in safe, climate-controlled conditions
- Handling the body in inappropriate ways, including committing sexual violations
- Storing the body in inhumane ways (like stacking bodies)
- Cremating a body that should have been buried
- Placing a corpse in the wrong coffin
- Showing a family the wrong body or presenting the wrong body for a funeral or burial
- Taking parts or valuables from the corpse
- Maiming the body
- Losing the remains
- Overcharging for or misrepresenting services
- Failing to safeguard the premises from third-party criminals
- Engaging in any other negligent act
Often, multiple instances of funeral home negligence in Fort Lauderdale or elsewhere in Florida lead to harmful outcomes. For instance, a funeral home may fail to conduct a criminal background check on an employee who later commits an unsavory act with a corpse. In this case, both the funeral home ownership and the employee could be liable for the victims’ damages.
Common Damages in Funeral Home Malpractice Cases
Loved ones take solace in knowing that a funeral home is handling their deceased family member with dignity. When a funeral home neglects its duties to surviving loved ones, it may cause:
- Emotional anguish: Losing a loved one is painful enough, and you may be emotionally vulnerable when a funeral home is responsible for breach of contract or other acts of negligence. Discovering that the funeral home has caused additional harm may be acutely painful at an emotional level.
- Psychological distress: In addition to the emotional pain you experience due to the funeral home’s negligence, the revelation that funeral home staff did not treat your loved one with dignity (or that other mistakes took place) may psychologically shake you.
- Other forms of pain and suffering: Depending on the nature of the negligence, you may face added grief, depression, loss of enjoyment of life, and other forms of pain and suffering.
- Financial expenses: In cases where a funeral home misrepresents its services, overcharges customers, commits theft or personal property, or causes financial harm in other ways, the victims should receive fair compensation for their financial damages.
If you face any other damages because of funeral home negligence in Florida, a funeral negligence lawyer from our team will include those damages in your funeral home lawsuit and fight to hold the funeral home accountable. We tailor our cases to the client, and each client faces unique circumstances and damages.
How a Funeral Home Negligence Lawyer Will Assist You
Our funeral home negligence lawyers understand that many of our clients are coping with grief, plus the added distress caused by negligence. We help by handling every step of their lawsuit, including by:
Documenting the Funeral Home’s Negligence
We will obtain any video footage, witness accounts, expert testimony, and other evidence of the funeral home’s negligence. We will file a legal motion to secure any relevant evidence in the negligent funeral home’s possession.
Detailing the Client’s Damages
We will document the harm you’ve suffered using evidence such as:
- Your account of pain and suffering
- A mental health expert’s account of your pain and suffering
- Any financial documents (such as invoices from the funeral home) that substantiate financial negligence by the funeral home
- Any other documentation related to your lawsuit
We will leave no doubt about the harm that has resulted from the funeral home’s failures.
Calculating an Accurate Case Value and Negotiating a Settlement
We will explain your legal rights, determine the precise cost of your damages, and fight for a fair settlement. If the funeral home or its insurance company won’t settle for a fair value, we will take your case to trial.
Our legal team at the Law Offices of Wolf & Pravato has secured many large recoveries for clients, including a recovery of $3.5 million and a $500,000 settlement. Rely on our experience as you seek justice for the harm you have endured.
Call the Law Offices of Wolf & Pravato Today for Your Free Funeral Home Negligence Consultation
Our law firm has earned its reputation as compassionate, effective legal counselors. We are available 24/7 to discuss your case, so don’t wait to reach out. If your loved one passed away due to an act of negligence, we handle wrongful death claims in addition to funeral home misconduct cases.
Per Florida Statutes § 95.11, we face a deadline for filing lawsuits in Florida, so do not delay. Contact the Law Offices of Wolf & Pravato today by calling (954) 633-8270 for your free, no-obligation consultation.
