Losing a loved one is an emotionally challenging time that can leave you vulnerable. The funeral home you turn to should provide appropriate service at a fair price that accounts for your specific needs and preferences. You should be aware of your rights if you and your loved ones are victims of the funeral home’s negligence.
In Florida, state and federal laws protect your rights as a consumer when dealing with a funeral home. Like many people, you probably will not think about these laws unless and until you need them. You can better understand your rights and pursue justice with the experience and knowledge of a funeral home negligence attorney.
Your Legal Rights When Working With a Florida Funeral Home
When a loved one passes away, you have the right to make decisions about the type of service you plan and the amount of money you spend. You also have the right to:
- Purchase a coffin and other goods and services elsewhere
- Refuse to purchase a packaged service that includes unwanted items
- Receive a written, itemized price list from the funeral home
- Receive written notice of any mandatory goods or services
- Opt out of embalming services or other options unless legally warranted
If the funeral home violated your rights in any way, you can fight to hold it accountable. A local attorney can help you file a civil lawsuit for financial compensation.
Funeral Home Negligence Should Not Mar Your Loved One’s Final Arrangements
You have the right to be treated with respect when preparing to say goodbye to a loved one, and the services you choose and pay for should be honored. When they are not, acts of funeral home negligence in Florida can include:
- Any act of physical or sexual abuse
- Damaging or mishandling a body
- Failure to license or train employees
- Failure to provide any or all services
- Intentional distortion or disfigurement
- Stealing the deceased person’s property
Unfortunately, negligence does not always occur at the funeral home or during the service. Placing multiple bodies in a grave or coffin, burying the wrong body, and moving a burial site without permission are also examples of negligence.
Pursuing Justice and Financial Compensation for Funeral Home Misconduct
Nothing can atone for the pain of having any form of negligence disrupt your loved one’s funeral service or burial. With appropriate legal representation, you can seek the following damages for funeral home negligence:
- Funeral and burial expenses
- Mental and emotional distress
- Ongoing pain and suffering
- Punitive damages (though these are rare)
According to Florida Statutes § 95.11, you generally have four years to take legal action by filing a lawsuit against a funeral home for breach of contract. The two-year personal injury statute of limitations might also apply to your case. The best way to understand any time constraints that affect your funeral home negligence case is to review them with a lawyer in your area.
How the Federal Funeral Rule Protects Grieving Families During Difficult Times
The Federal Trade Commission (FTC)’s Funeral Rule requires funeral homes to treat consumers fairly when making final arrangements. Its regulations forbid a funeral home or its staff from:
- Falsifying legal, crematory, or cemetery requirements
- Embalming remains without appropriate consent
- Requiring the purchase of a coffin for direct cremation
- Forcing the purchase of one service on the condition of another
Additional negligent or deceptive practices not listed here are also prohibited. You can fight to hold the funeral home accountable for the harm they caused your family. A funeral home negligence lawyer can guide you through each step and fight for the best possible financial recovery on your behalf.
You Have the Right to Fight Back After Funeral Negligence in Fort Lauderdale or Elsewhere in Florida
Funeral homes are responsible for guiding your family through several rapid decisions at an emotionally charged time. When a funeral director or other employee is derelict in their duties, it can lead to mistakes, chaos, and negligence.
The legal team you choose to hold the negligent funeral home responsible (and financially liable) can make a big difference in your case and its financial outcome. Your lawyer should be prepared to:
- Investigate your concerns and complaints
- Handle all communication on your behalf
- Speak to funeral home employees
- Identify and interview other witnesses
- File your insurance claim or lawsuit
Funeral home negligence cases typically settle out of court. Your funeral home lawyer will represent you in settlement negotiations with the insurance company.
Call Today for a Free Funeral Home Negligence Consultation
Losing a loved one can be difficult to cope with. A funeral home’s negligence or abuse can make an already trying situation even more difficult. Our client-focused law firm will listen to your story with kindness and compassion.
Understanding your rights and pursuing justice with a funeral home negligence attorney starts with a free evaluation of your case. Contact one of our team members at the Law Offices of Wolf & Pravato at (954) 633-8270 to get yours today.
