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Recoverable Damages in a Funeral Home Negligence Lawsuit


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    Funeral Home Negligence Lawsuit

    The most common recoverable damages in a funeral home negligence case include monetary damages, future costs, emotional damages, and, occasionally, punitive damages. The actual amount you are eligible to recover will vary based on the details of your funeral home negligence case.

    Funeral Home Negligence Cases in Which Your Loved One Passed

    When a loved one passes, you expect the funeral home to treat them with respect. In fact, Florida law requires funeral homes to be licensed and follow certain laws, such as ensuring the body is transported correctly and not moving the body without notification. When this is not the case, you should consider hiring a funeral negligence attorney.

    Monetary Damages 

    Depending on the details of your negligence case, you may recover the cost of the funeral, the casket, and other costs associated with the burial. You may also recover the value of any stolen objects, such as family heirlooms or gold fillings.

    Future Costs 

    If your family incurs future costs, such as the cost to rebury your loved one in another location, another funeral, or a casket, these costs may be recovered.

    Emotional Distress 

    Funeral home negligence lawsuit

    The death of a loved one can have a severe impact on your mental and emotional health. Finding out your loved one was not buried where the funeral home said they were, that they were mishandled after death, or that priceless heirloom was stolen can have a long-term impact on your emotional health.

    You may recover damages for the emotional impact of the funeral home’s actions.

    Punitive Damages 

    If the funeral home’s actions are considered willful and malicious, you may also be eligible to recover punitive damages. These damages are rare but may apply in cases where the funeral home, for example, buried bodies in the wrong graves on purpose to save money or sold body tissue for profits. If you experienced these issues, a funeral negligence lawyer can help.

    Common Types of Funeral Home Negligence Cases 

    If the funeral home fails to follow Florida laws, mishandles your loved one’s body, or robs them of clothing, jewelry, or even body parts, you may be eligible to pursue a negligence case.

    Other examples include:

    • Presenting the wrong corpse for burial
    • Moving the graveside without notification
    • Robbing the body of valuable items
    • Disposing of the body in contradiction with your contract (cremating instead of burying, for example)
    • Failure to prepare the body as agreed
    • Transporting the corpse in an unapproved container

    A funeral negligence lawyer can help determine if your situation may qualify for legal action.

    Contact Our Attorney For Your Funeral Home Negligence Lawsuit Today 

    The death of a family member or loved one is always traumatic. However, when the actions of a funeral home result in the mishandling of your loved one or emotional trauma, you may be eligible to recover a wide range of damages.

    Lawyers That Sue Funeral Homes

    To better understand your ability to recover damages, contact the team of Florida personal injury lawyers at the Law Offices of Wolf & Pravato. Our firm is dedicated to offering honest, caring legal advice during this difficult time. Contact today for a free case review at (954) 633-8270.


    Can I sue a funeral home?

    If the funeral home does not follow its duty of care to your family and abuses your trust and your loved one’s body, you can sue. To file funeral home negligence cases, we generally need to show the following:

    • Contract: The funeral home needed to follow its contractual obligation to protect your loved one’s body and your family’s trust.
    • Breach of contract: The funeral home abused your loved one’s body, prepared their body improperly, or otherwise mistreated your family.
    • Damages: You suffered monetary damages and emotional distress as a result.

    What happens when a funeral home picks up a body?

    Once a funeral home picks up a body, it will transport the body to the home and prepare it for a funeral according to the family’s wishes. Generally, funeral home staff will prepare the body for:

    • Embalming
    • Cremating
    • Donating
    • Burying 

    Funeral home negligence can happen during any step of the body preparation process. If the funeral home violated its contract or acted inappropriately, you can file a lawsuit against it in a funeral home negligence case.

    Can a funeral home refuse to release a body?

    A funeral home cannot refuse to release a body if you decide to use another service. It also cannot withhold your loved one’s remains as collateral for your debt. 

    If it does so, you should consider hiring a lawyer to handle your funeral home negligence case. We can build a case against the funeral home to recover your loved one’s body and seek compensation for the expenses and emotional losses that resulted from its negligence.

    Can you sue for ashes?

    If the funeral home withholds your loved one’s ashes, you can sue. If they release your loved one’s ashes to the wrong person, you might be able to get them back through a lawsuit in which you could name the funeral home.

    Is it illegal to keep ashes at home?

    It is not illegal to keep your loved one’s ashes at home. You can also have your loved one’s ashes scattered at a location of your choosing. If the location is private, you should get the property owner’s permission before scattering.

    We also help the victims of the funeral home in the following cities:

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