After trusting a local undertaker with your loved one’s remains, it can be difficult to understand how they could abuse that trust by misplacing the body. If you’re wondering what to do if a funeral home misplaces a body in Florida, one option is to sue the funeral home for negligence with guidance and direction from a Florida funeral home negligence lawyer.
By filing an insurance claim or lawsuit, you can seek damages and fight to hold the funeral home accountable for its negligent actions. You can typically get a free review of your funeral home negligence claim with a local law firm, which can help you learn more about the merits of your case.
How Can a Florida Funeral Home Misplace a Body?
No one expects a funeral service provider to mishandle their loved one’s remains. Unfortunately, funeral home employees can misplace or mishandle a body in many ways, including:
- Misidentifying the remains
- Mislabeling the remains
- Switching two bodies
- Burying the wrong body
- Incorrectly transporting bodies
- Funeral home staff mistakes
- Improper storage or refrigeration
Misplacing or losing a body could also include neglectful handling of cremains. Any of these actions could constitute negligence, which could entitle your family to file a funeral home negligence insurance claim or lawsuit.
How Can You Prove Negligence Caused Your Loved One’s Florida Body Misplacement?
When you accuse a funeral home of mishandling or losing a loved one’s body, you must also prove negligence caused the mistake. That means identifying and documenting the following elements:
- Duty of care: Evidence that a professional relationship existed between you and the funeral home that entitled you to a reasonable standard of care
- Breach of duty: The funeral home’s mishandling of your loved one’s remains that led to their loss or misplacement
- Causation: Evidence that the funeral home’s action, inaction, or human error directly led to your loved one’s body being lost
- Damages: The economic and non-economic losses your family sustained due to the funeral home’s negligence
These components constitute negligence and are the key to an effective funeral home negligence claim. Evidence that proves them can include testimony from you and other family members.
Collect your receipts and any correspondence between you and the funeral service provider. Additional evidence can include statements from medical examiners, transportation services, and others who played a role in handling your loved one’s body.
What Types of Damages Can You Request for Misplacing a Body in Florida?
Nothing can fully atone for the loss of your loved one’s remains. You can, however, demand financial compensation from the funeral home for the trauma inflicted on your family. Recoverable damages for funeral home negligence can include:
- Past and current compensation: Monetary damages to recover any cost you paid to the negligent funeral home
- Future compensation: The costs you anticipate for reclaiming, re-funeralizing, or reburying your deceased loved one
- Mental and emotional trauma: Emotional distress for the trauma your family experienced due to the mishandled remains
- Punitive damages: A jury may award this form of compensation to penalize a funeral home for gross negligence
Your Florida personal injury attorney can help you assess and document your recoverable damages. They can also collect proof of the individual and collective value of your claim and fight hard for a fair financial recovery.
An Attorney Can Help You File Your Funeral Home Negligence Lawsuit Within the Allotted Time
When filing a lawsuit against a Florida funeral home for handling misplaced remains, the state limits the time to do so. According to Florida Statutes § 95.11, you could generally have as little as:
- Two years to file a personal injury lawsuit
- Five years to file a breach of contract lawsuit
You do not have to deal with this potentially complicated legal aspect of your claim. A Florida funeral home negligence attorney can accurately interpret the statute of limitations and file your lawsuit on time.
How Does Misplacing a Body Impact the Deceased Person’s Friends and Family?
Funeral home mistakes caused by carelessness or negligence can create a financial strain on your family. When one funeral home abuses your trust, you may choose a different service provider to care for your deceased loved one and your family. Repeated services can be costly, essentially doubling your intended financial output.
The emotional impact of funeral home negligence can also be costly. When your family is grieving, you are already in an emotionally vulnerable state. Having any part of the service go awry can lead to:
- Profound mental and emotional trauma
- Costly mental healthcare support
- Negligent infliction of emotional distress
A lawyer can help you define the monetary value of these intangible damages. They can also clarify how to assess their value and fight for the best possible outcome for you.
Can You Report a Funeral Home That Misplaces a Body in Florida?
No family should have to experience the trauma of a misplaced body in FL. By reporting the funeral home that misplaced your loved one’s remains, they can be held accountable on a professional level.
Your report and the resulting investigation could also prevent other families from similar negligence. You can make an official report with My Florida CFO’s Funeral, Cemetery, and Consumer Services (FCCS) by downloading, completing, and submitting a complaint form. Your lawyer can handle this process for you if you wish. The agency will follow up with you after completing its investigation.
Call (954) 633-8270 to Get Legal Support With Your Funeral Home Negligence Claim
Losing a beloved family member can be devastating, but the loss of their remains can be even more traumatizing. Your family can fight to hold the funeral home accountable for your resulting pain and suffering.
Our entire team will get behind your family’s fight and explain what to do if a funeral home misplaces a body in Florida. Contact our team at the Law Offices of Wolf & Pravato today for a free initial consultation.
