Sue For Funeral Home Negligence in Florida
If you can show that a funeral home acted negligently in their care of your loved one’s remains or in the way they handled their obligations to you and your family, you may be able to seek damages that include:
- Economic losses
- Noneconomic damages
- Punitive damages
Your potentially recoverable damages depend greatly on the facts of your case, your economic losses, and several other factors.
Compensatory Damages in a Funeral Home Negligence Case
Funeral home workers have a legal obligation to treat your deceased loved one’s remains with dignity and to uphold any contracts and agreements they made with their survivors. If they mishandle or abuse your loved one, or cause you financial harm in another way, you may be able to pursue compensation for the losses you suffered.
This compensation may include damages such as:
Economic damages depend on the losses and expenses you experienced because of the funeral home’s negligence. This could include the value of stolen or lost personal items, the cost of another funeral or a new casket, the cost to move your loved one’s remains from the wrong burial site, or a number of other expenses.
Noneconomic damages are compensation for the emotional effects you and your family suffered as a result of the negligence. This may include emotional distress, mental anguish, and more.
Punitive Damages in a Funeral Home Negligence Case
Punitive damages are not available in every funeral home negligence case, but they may be substantial when they are available. These damages are not compensatory, meaning they do not compensate you for the expenses or losses you experienced as a result of the funeral home’s negligence. Instead, they penalize the funeral home for their willful, malicious behavior.
Punitive damages typically only occur in cases when the negligence is intentional, such as:
- Stealing personal property or selling body parts for profit.
- Physical or sexual abuse of remains.
- Cutting corners to save money, such as putting more than one body in the same coffin.
- Other purposeful action to take advantage of the deceased or their grieving loved ones.
We may be able to tentatively tell you if you may qualify for punitive damages in your case during your complimentary consultation with a member of our team to prove the funeral home negligence.
Pursuing Damages in a South Florida Funeral Home Negligence Claim or Lawsuit
Our team understands that it makes it much harder to lose a loved one and grieve their passing when you are dealing with bad behavior and negligence from the funeral home. According to the Florida Department of State website, Florida law requires all funeral homes and staff to hold the appropriate licenses, have certain training, and follow all applicable laws. This includes how to transport, embalm, and bury bodies, as well as rules about cremation.
Failure to follow these rules could result in disciplinary action as defined under chapter 497.152 of the Florida statutes, as established by the Florida Legislature, or even legal action, as well as becoming the defendant in a civil suit.
Speak With a Member of Our Funeral Home Negligence Team
If you believe a funeral home acted negligently by failing to treat your loved one’s remains with dignity or not respecting their contracts with your family, you may be able to pursue compensation and hold the liable party accountable. We may be able to help you build a case and file a claim or civil lawsuit in a South Florida court.
Call the Law Offices of Wolf & Pravato today at (954) 633-8270 to discuss your case with a member of our team for free. We may handle your case on a contingency basis, meaning you pay nothing upfront for our services.
We also help the victims of the funeral home in the following cities: