When families entrust their loved ones to a funeral home, they expect respect, dignity, and professional service. The grief of losing someone is complicated enough without having to face serious errors by those entrusted with the deceased’s final arrangements. Unfortunately, cases of mortuary negligence happen more often than many realize. When this occurs, families may have legal grounds to pursue justice in Fort Lauderdale.
What is mortuary negligence?
Mortuary negligence occurs when a funeral home, crematorium, or mortuary fails to fulfill its legal or professional obligations in handling a deceased individual. This can involve mistakes, misconduct, or careless behavior that causes emotional distress or additional costs for the family.
Examples of mortuary negligence include misidentifying remains, cremating the wrong body, improper embalming, or mishandling remains during funeral services. These actions violate the standard of care expected from funeral professionals and can lead to legal consequences.
Common examples of mortuary negligence in Fort Lauderdale
Negligence by a funeral home can take many forms. Some of the most common include:
Mishandling or misidentifying remains
A funeral home may label remains incorrectly, lose ashes, or present the wrong body to a grieving family.
Cremation or burial errors
This includes unauthorized cremation, cremating the wrong person, or burying the wrong body in a family plot.
Improper embalming or storage
Improper storage conditions or poor embalming practices can cause visible decomposition or odors that disrupt the service and disrespect the deceased.
Disregard for religious or cultural preferences
Families who request specific religious rites or cultural practices may be deeply affected if a funeral home fails to honor them.
Emotional distress during funeral services
Late arrivals, visible staff mistakes, or poorly managed services can heighten the grief and trauma families already experience.
When can you sue for mortuary negligence?
You may have a valid claim if a funeral home’s actions:
- Breached their professional or contractual duty
- Caused measurable emotional or financial harm
- Were grossly negligent or intentionally harmful
Under Florida law, the statute of limitations for funeral home negligence is typically two years from the date of discovery. This means it is crucial to act promptly when you realize something has gone wrong.
Families may sue for breach of contract, negligent infliction of emotional distress, or other civil claims. An attorney can help identify the appropriate legal basis for the lawsuit.
What damages can be recovered in a mortuary negligence lawsuit?
Depending on the severity of the situation, families may be entitled to several types of compensation:
- Emotional distress: Compensation for psychological trauma caused by the funeral home’s negligence.
- Corrective services: Costs for redoing funeral or burial arrangements.
- Out-of-pocket expenses: Travel, legal fees, or medical treatment related to the emotional distress.
- Punitive damages: In cases of extreme recklessness or intentional harm, courts may award punitive damages to deter future misconduct.
An experienced attorney can help quantify these damages and build a strong case.
Why do you need a funeral home negligence attorney in Florida
Mortuary negligence cases are emotionally sensitive and legally challenging. A skilled funeral home negligence attorney can:
- Investigate the funeral home’s conduct
- Collect and preserve critical evidence
- Handle all communication with the funeral service provider
- Work with expert witnesses in mortuary science
- Pursue a settlement or take the case to trial if necessary
At Wolf & Pravato, our team is experienced in handling complex and emotionally charged negligence claims. We fight to ensure that grieving families receive the justice and compensation they deserve.
Let Wolf & Pravato stand by your side when respect is denied
If your family has been affected by mortuary negligence in Fort Lauderdale, you are not alone. At Wolf & Pravato, we have recovered significant results for families in similar circumstances, including:
- $3.5 million settlement in a funeral negligence case
- $500,000 settlement for funeral home mishandling
- $925,000 in a negligent security case tied to emotional trauma
Our attorneys combine compassion with aggressive representation to ensure your voice is heard. Contact us today to schedule a free consultation. We do not charge fees unless we win your case.
FAQs
1. What is mortuary negligence?
Mortuary negligence occurs when a funeral home or mortuary fails to meet professional standards in handling the deceased, resulting in harm to the family.
2. Can I sue a funeral home for emotional distress?
Yes. If the funeral home’s negligence caused emotional trauma, Florida law allows you to seek compensation.
3. What is the time limit for filing a mortuary negligence claim in Florida?
Generally, you have two years from the date you discover the negligence to file a lawsuit.
4. What kind of evidence is helpful in these cases?
Contracts, photos, witness statements, funeral records, and expert opinions all help support a mortuary negligence claim.
5. How can a lawyer help me with a mortuary negligence case?
A lawyer will gather evidence, negotiate with the funeral home, and pursue justice through a lawsuit if necessary.
