Yes, you may be able to sue a funeral home for breaking a pre-need contract in Fort Myers. However, you will need proof that your family’s pre-need contract has been broken. A Fort Myers funeral home negligence lawyer may be able to help. They can investigate the case, compile evidence, and manage the lawsuit for your family.
What Is a Pre-Need Funeral Contract?
A pre-need funeral contract is a legally binding agreement made between a client and a funeral home director. Typically, these contracts outline the services to be performed and the associated costs. They are usually done in advance of a death and are paid for ahead of time. For example, someone planning arrangements for their passing would set up a pre-need contract.
Pre-need contracts are regulated by the Florida Division of Funeral, Cemetery, and Consumer Services.
What Are a Funeral Home’s Obligations Under a Pre-Need Contract?
The funeral home is legally obligated to uphold the following:
- Delivery of Services: For example, if a person chose a burial as their final disposition, then a funeral home cannot cremate them instead. Other stipulations can include whether the funeral home would embalm the body.
- Handling of Payment Funds: Because these are usually paid in advance, the funds must be kept for their intended purposes.
- Providing Proper Documentation: In Florida, funeral homes must provide itemized receipts of the costs for the services provided. Failure to do so or providing false information is a breach of contract.
Funeral homes are also expected to honor the specific terms selected by the deceased. This includes music choices, religious rites, and accommodations for guests. Any deviation without the family’s consent may qualify as a contractual breach.
Additionally, these homes must maintain compliance with all local health codes and licensing requirements. Failing to preserve or store the body as agreed may be grounds for legal action.
Other breaches of the contract may include failing to inform the family that services have already been paid for, adding hidden fees to the contract after it has already been signed, or having misleading advertisements about what services are provided. If any of these obligations are not met, then you may be able to sue the funeral home.
What Are the Legal Grounds for a Lawsuit Against a Funeral Home?
There are three main reasons why you could have legal grounds to sue a funeral home. These three reasons include:
- Breach of Contract: If the funeral home did not provide the services outlined in the contract.
- Fraud: If the funeral home misrepresented their services to the client or lied to the client’s family about services provided.
- Negligence: If the funeral home failed in its duty to handle the body with respect and dignity.
Fraudulent behavior may include forging signatures, double-selling pre-need packages, or failing to set aside pre-paid funds in a protected trust. These actions are not only breaches of contract but also serious violations of state and federal law.
Negligence may involve mishandling of remains, unclean facilities, or a lack of communication with the family during critical stages of the funeral process. These are particularly egregious when compounded by grief, creating deep emotional trauma for loved ones.
It’s important to note that you may need to move quickly with your lawsuit. Breach of contract, fraud, and negligence all have distinct statutes of limitations regulating when a lawsuit must be filed. Talk to your personal injury lawyer about the timeline for your case.
Florida Law and Pre-Need Contracts
Under Florida Statute § 497.458, pre-need contracts must be written, signed, and accompanied by specific disclosures. These include clear explanations of refund policies, cancellation rights, and whether prices are guaranteed or non-guaranteed.
If a funeral home fails to comply with these legal disclosures, that failure could significantly strengthen your legal claim.
Furthermore, the Florida Department of Financial Services offers oversight. Consumers can report funeral homes suspected of violating contract laws or mishandling funds. Legal claims can also benefit from this regulatory evidence.
Damages You May Be Able to Recover
Depending on the nature of the breach, you may be eligible to recover the following damages:
- Refund of prepaid expenses
- Emotional distress damages
- Reimbursement for additional funeral expenses incurred due to breach
- Legal costs associated with pursuing the claim
- Punitive damages in the case of egregious fraud or misconduct
In some cases, especially when a breach has affected multiple families, your case may be eligible for a class action lawsuit. Speak with an experienced funeral negligence lawyer to determine your options.
Choose a Legal Team With a Proven Track Record
At the Law Offices of Wolf & Pravato, we have handled numerous cases involving funeral negligence, fraud, and breach of trust. Our team understands how deeply these issues affect grieving families.
Some of our recent results include:
- $500,000 settlement for funeral home mishandling
- $3.5 million in a case involving improper preparation and presentation of remains
- Confidential settlements for families whose pre-need contracts were dishonored
We understand the importance of holding these businesses accountable not just for your family, but for the broader community. Our firm is committed to restoring dignity and trust where others have failed.
We offer free consultations and work on a contingency fee basis. You only pay if we recover compensation for your losses.
Contact a Fort Myers Funeral Negligence Attorney
If you suspect negligence or other illegal behavior by a funeral home, reach out to a Fort Myers funeral home negligence lawyer to take legal action. We can help investigate the funeral home and support you throughout the legal process.
At the Law Offices of Wolf & Pravato, our legal team is here to fight for you with the compassion your family deserves. You can read reviews by past clients to see how we’ve helped others. Call (954) 633-8270 for a free consultation today.
