The loss of a loved one is an emotionally charged event in and of itself. Mishandling of your loved one’s remains or stealing your family are acts of negligence that could form the basis of an insurance claim or lawsuit. At an already trying time, you could struggle to recognize these actions for what they are.
Funeral home negligence lawyers understand what legal standards funeral homes must meet to avoid negligence claims, and they can use this knowledge to fight on your behalf. They also know how to build strong cases that lead to fair and appropriate compensation, and most will represent you on a contingency fee basis. This fee agreement means you pay nothing up front and only compensate the law firm after they recover damages for you.
Florida’s Regulatory Agency Oversees Complaints of Funeral Home Negligence
The death care industry is carefully regulated in Florida by My Florida CFO’s Funeral, Cemetery, and Consumer Services (FCCS) guidelines. It mandates Florida law and requires funeral homes to act accordingly.
Its guidelines can be found in Florida Statutes § 497 and Florida Administrative Code § 69K. Additional guidelines are outlined in Federal Trade Commission (FTC) Funeral Rules.
By complying with these laws and regulations, a funeral home can avoid claims of negligence and mishandling. Some of these laws and regulations include:
- Meeting all funeral home and director licensing requirements
- Not forcing consumers to purchase unwanted goods and services
- Providing written confirmation of pricing, when requested
- Allowing families to make embalming decisions, per Florida law
- Keeping property appropriately maintained and in good order
- Creating and adhering to a checklist that prevents avoidable mix-ups
A funeral home negligence claim can do more than lead families to seek financial recovery. They can also lead to emotional trauma for families at an already vulnerable time.
You Could Have the Right to Sue Funeral Home for Negligence
To file a funeral home negligence claim, you have to prove their negligence with evidence and witness statements. This means proving its required legal elements, including:
- Duty of care: The service provider owed you a duty of reasonable care to provide professional service.
- Breach of duty: The service provider violated their legal obligation by failing to provide your family or the decedent with appropriate care.
- Causation: The service provider’s actions led to financial, mental, and/or emotional trauma for you and other members of your family.
- Damages: Your family must show proof of harm using evidence that includes invoices, bills, contracts, eyewitness testimonies, and expert statements.
These elements of negligence are crucial to any claim or funeral home litigation. A lawyer with our team is ready to help.
Gather Evidence to Support Your Funeral Home Negligence Claim
Like all civil lawsuits, your case against the funeral home must be supported by clear and compelling evidence. It must prove the funeral home’s negligence and the monetary value of your recoverable damages.
Your collected evidence can include:
- Contract, receipts, and other evidence of your previous expenses
- Documentation of any preneed contracts that were later or dishonored
- Photos, videos, and other evidence that depict acts of negligence
- Forensic evidence and testimonials from death industry experts and specialist
- Eyewitness statements and statements from funeral home staff and observers
- Surveillance video and other evidence that indicates theft of property
Funeral home negligence lawyers will help you build the case file you need. Their entire team, including investigators who will gather, sort, and submit evidence on your behalf. They can also submit a settlement demand letter and handle each phase of the negotiation process for you.
Recoverable Damages for Funeral Home Negligence Victims
A negligent funeral home could be held financially liable for their actions if you file an insurance claim or lawsuit seeking financial recovery. Some of the damages you can request with a funeral home negligence lawsuit can include:
- Monetary damages: Funeral and undertaker services, coffin, urn, and recovery of stolen objects, including jewelry, heirlooms, gold fillings, etc.
- Future costs: Compensation for the costs of relocating or reburying your loved one, including another coffin, funeral, etc.
- Emotional distress: Compensation for the mental and emotional toll of coping with the mistreatment of your family or the mishandling of your loved one’s remains.
- Punitive damages: These damages are rarely awarded but could be available in your case if their negligent action was egregious or intentional.
Acts of egregious negligence can include selling a body part or organ, switching coffins, or sexual abuse of the decedent. A local attorney can help you document your recoverable damages and gather evidence that supports your claim to financial compensation.
How the Statute of Limitations Affects Your Funeral Home Negligence Case
While funeral home litigation rarely goes to court, you should still file your lawsuit, alongside your insurance claim. The filing deadline for your case could vary based on why it is filed. According to Florida Statutes § 95.11, you generally have:
- Two years to file your personal injury lawsuit
- Four years to file your breach of contract lawsuit
Although there are limited exceptions to these deadlines described in Florida Statutes § 95.051, it’s best to file as soon as you can. Missing the statute of limitations means you may not be able to seek damages for your losses.
The insurance company may stop negotiating and you could be left with no further legal recourse that compels the funeral home to compensate you. A funeral home negligence attorney can help you avoid these potentially costly consequences.
Call for Legal Support With Your Funeral Home Negligence Claim
If your family was the victim of a funeral home’s negligence, our law firm can help you get compensation. We take time to clarify your options and make sure you understand what legal standards funeral homes must meet to avoid negligence claims. You do not have to manage your claim without legal support.
Our caring and attentive team members will handle your family’s claim with kindness and compassion. Call our team at (954) 633-8270 to get started with the Law Offices of Wolf & Pravato today.
