You have the right to make proper final arrangements for a loved one. If a funeral home violates your rights, you can fight to hold it accountable and financially liable. While dealing with grief and at a difficult time when you face many tough decisions, it can be hard to understand your legal rights and know when to consult a funeral home negligence attorney.
Many personal injury law firms will review the details of your case at no cost or obligation. A funeral home negligence lawyer can clarify your rights and advise you on the steps involved in navigating the financial recovery process with grace and compassion.
What Constitutes an Act of Funeral Home Negligence?
The funeral home you choose when planning your loved one’s services should treat you with dignity and respect. The funeral director and other employees should also avoid placing undue pressure on you or making false statements that compel you to make unnecessary or unwanted purchases. All of these are examples of funeral home negligence.
Cremation-Related Negligence
You could have a claim of negligence if the funeral home cremated the wrong body, misplaced your loved one’s remains, or mishandled the body. It can also include failure to perform—or properly perform—a cremation or using flawed or faulty cremation chambers or equipment.
Negligent Handling of Remains
Negligence can include harvesting organs, embalming without permission, failure to embalm when requested, or using an unlicensed or improperly trained embalmer. It can also include improper storage or refrigeration, wrongful burial, or using one coffin for multiple decedents.
Funeral Misconduct
Using a broken casket, requiring a coffin for direct cremation, forcing the purchase of a funeral package that contains unwanted goods and services, and burial in the wrong plot are all examples of funeral misconduct, according to the Federal Trade Commission (FTC). So are knowingly overcharging a consumer, theft of the decedent’s personal property, and improper transportation of the decedent.
When to Consult an Attorney for Funeral Home Negligence in Florida
If your case meets the required legal parameters, you should consider hiring a funeral negligence lawyer as soon as possible. The earlier a law firm knows your intention to seek damages, the better. With sufficient notice from you, they can:
- Conduct an independent investigation
- Interview funeral home staff and owners
- Interview funeral attendees and other witnesses
- Review all paperwork, receipts, and other documents
- File your insurance claim and negligence lawsuit
Let your funeral home negligence lawyer handle all communication with the insurance company on your behalf, including emails, phone calls, and written correspondence. They will also handle the settlement negotiation process and fight for the best possible outcome for your case.
Funeral Home Negligence Can Be Hard to Prove on Your Own
Let a Florida funeral home negligence lawyer advocate for your family. They can bring objectivity, familiarity with funeral home negligence laws, and a pool of resources to your case.
The evidence your legal team will collect for you can include your contract, photos, witness statements, and the funeral home’s history of grievances and complaints. They will also leverage the deposition and discovery processes.
Compensation a Funeral Home Negligence Attorney Can Request for Your Family
If the funeral home mishandled any portion of your loved one’s funeral service, you deserve justice for the pain and suffering you and your family endured. You can seek financial compensation for pain and suffering in addition to the following recoverable damages:
- The costs of your loved one’s funeral, burial, or cremation
- Ongoing mental and emotional trauma, shock, and grief
- Punitive damages, if applicable, for intentional wrongdoing
Your lawyer will carefully and accurately assess your case to reach a monetary value for your compensation request. They will also collect bills, receipts, and other documents that substantiate how much your case is worth.
What You Need to Know About the Statute of Limitations in Florida
When pursuing compensation for funeral home negligence in Fort Lauderdale or elsewhere in Florida, the state limits the time allotted for taking legal action. You generally have four years to file a breach of contract lawsuit, according to Florida Statutes § 95.11.
The same statute of limitations applies to lawsuits for funeral home negligence in Fort Myers or any other part of Florida. The best way to understand the time you have to file your lawsuit is to let a local attorney handle it for you.
Get a Compassionate Evaluation of Your Funeral Home Negligence Case
If a funeral home did not honor your preferences or intimidated you into purchasing unwanted goods and services while planning a funeral, you could be entitled to financial compensation. A local law firm can help you understand your legal rights and fight to hold the funeral home accountable.
Call (954) 633-8270 to contact our case evaluation team at the Law Offices of Wolf & Pravato for a confidential assessment of your case today.
