The state of Florida carefully regulates the funeral home and death care industry to ensure consumers are not taken advantage of or misled at a time when they are emotionally and financially vulnerable. These laws also ensure funeral homes and their staff are appropriately licensed and trained to meet state regulations and the needs of families in bereavement.
It is vital that you understand state laws, your rights as a consumer, and your recovery options if your family was victimized by funeral home negligence. When you are ready to take action, our Florida funeral home negligence lawyers can help by clarifying the impact of state laws on funeral home negligence cases.
Florida Laws Govern Many Aspects of the Funeral Industry
Florida Statutes § 497 provides regulations on coffins, solicitation, cremation, embalming, and the handling of human remains and cremains. Deviation from these standards could constitute funeral home negligence.
The impact of state laws on funeral home negligence cases is, crucially, that you have legal standing to hold thoughtless funeral homes accountable.
Rules and Laws Regarding Coffin Purchase and Use
Coffins are often the most expensive part of arranging a funeral service. While the use of a coffin is not mandatory in Florida, a cemetery might have its own rules and regulations around appropriate containers for burial. A cemetery’s rules cannot be used to pressure you into purchasing a coffin. In addition, according to Federal Trade Commission (FTC) guidelines, you have the right to:
- Use a coffin not purchased at the funeral home
- Not be charged a fee for a coffin purchased elsewhere
- See a coffin price list before viewing coffin selections
Our funeral home negligence attorneys can examine your contract and any written correspondence with the service provider to understand how your options were explained to you.
State Law Governs Whether Embalming Is Required
Embalming preserves your loved one’s body for viewing and is a choice many families make, though it is rarely mandatory. According to Florida Statutes § 497.386, embalming is required only if the body must be stored for longer than 24 hours. Appropriate refrigeration or preservation via dry ice are also acceptable options.
You could have a valid funeral home negligence case if you were misled and forced to purchase embalming services you did not want. Consider consulting our local law firm if you were pressured into embalming services.
Purchasing Only the Funeral Services You Actively Pursue
Making the final arrangements for a loved one can be a difficult experience. Whether your loved one pre-selected their own services or you are making these decisions, according to Florida Statutes § 497.164:
- You cannot be intimidated, misled, or unduly influenced
- Solicitation for the purchase of funeral goods or services is severely restricted
Making funeral arrangements is a personal matter, and it is one you deserve to handle on your own terms and in your own time. If you were solicited at your private residence or pressured into using a particular service provider, that could constitute funeral home negligence.
Making a la Carte Purchases of Funeral Goods and Services
Every funeral is a testament to the decedent and can be individualized per their instructions or your preferences. You should never be forced to purchase a pre-packaged funeral service that contains goods and services you do not want or need.
You are also entitled to a goods and services price list to peruse at your discretion and to make individualized selections. Our funeral home negligence lawyers can help you take appropriate legal action if you were pressured into unwanted purchases or misled about which goods and services were required.
You Have the Right to Receive Death Care Services From a Licensed Provider
According to Florida Statutes § 497.141, licenses are issued to certain individuals in the funeral home industry. The state provides this service to ensure the industry is populated by qualified professionals.
It also ensures vulnerable consumers receive the best available care when facing an emotionally challenging time. If you discovered the funeral home provider who cared for your family was not properly licensed, this could be a form of funeral home negligence or could have led to acts of negligence that harmed your family.
Damages You Can Recover in a Funeral Negligence Claim
Nothing can atone for mistreatment at a time when you needed and deserved kindness and compassion. You can, however, hold the service provider accountable for their actions. Financial compensation for victims of funeral home negligence can include:
- Previous funeral and burial costs
- Subsequent funeral and burial costs
- Mental and emotional pain and suffering
Florida funeral homes must adhere to state laws and regulations. If the one you used did not do so, our attorneys can help you assess and document your recoverable damages and negotiate the right settlement for your family.
Act Quickly to Protect Your Family’s Funeral Home Negligence Case
You have a small window of opportunity to file a personal injury lawsuit on behalf of your family. According to Florida Statutes § 95.11, you generally have two years to file your lawsuit. If not filed within the allotted time, you could be prohibited from filing at all, your case could be dismissed out of hand, and the insurance company could refuse to negotiate.
These outcomes would leave you with no legal recourse. The best way to avoid the costly consequences of filing your lawsuit too late is to let our funeral home attorneys handle its filing for you.
Call Our Lawyers for Help With State Laws on Funeral Home Negligence
If your family was harmed by funeral home negligence, our law firm can help you seek financial compensation. In addition to explaining the impact of state laws on funeral home negligence cases, we can investigate your claim to document the funeral home’s action and its emotional and financial effect on you.
Learn more about how hard our responsive, caring funeral home negligence attorneys will fight for you. Get started by contacting our consultation team at the Law Offices of Wolf & Pravato today. Our number is (954) 633-8270.
