The types of damages you can claim in a funeral home negligence lawsuit will depend on the expenses and losses your family experienced and the facts of the case. If your case goes to trial, the jury could award economic and noneconomic damages as well as damages to penalize the funeral home for egregiously injurious behavior.
You’ll want to work with a funeral home negligence lawyer to hold the facility’s ownership or management responsible for the trauma you endured and the significant expenses your family incurred. An attorney can build a convincing case and seek a fair payout.
Understanding the Types of Damages You Can Claim in a Funeral Home Negligence Case
The damages in a funeral home negligence case can vary widely. A funeral home can commit negligence in many ways, and each one affects the surviving loved ones differently. Thus, depending on the circumstances, they will have different expenses and losses, including various levels of trauma and mental anguish.
Economic Damages
Economic damages are the direct current and future losses incurred because of the funeral home’s negligence. They could include the following:
- Funeral and burial costs
- Reburying the body and other related expenses
- Mental healthcare bills (e.g., if you require counseling or therapy due to the psychological trauma)
- The cost of replacing stolen items
- Other economic losses directly resulting from the funeral home’s negligence
Noneconomic Damages
Also known as pain and suffering, recoverable noneconomic damages include the intangible losses experienced, such as:
- Emotional distress and mental anguish
- Pain due to the psychological effects of negligence
- The strain placed on family relationships
- Reduced quality of life due to the incident
Punitive Damages
Florida courts award punitive damages to punish the funeral home and deter future negligence when the situation involves gross negligence or intentional misconduct. While courts rarely award punitive damages, juries often react empathetically to claimants in cases where the funeral home staff’s conduct was especially egregious.
What Factors Affect Damages in Funeral Home Negligence Lawsuits?
Each funeral home negligence case is unique. They all manifest in different ways and cause victims unique damages. Thus, these cases also result in a wide range of damages. As a result, there is no way to calculate accurately how much your case might be worth without a thorough investigation and a clear understanding of your expenses and losses.
Even then, other factors could still affect what happens if the case goes to court, and a judge and jury hear the evidence. The factors that could affect the verdict and monetary judgment in the case include:
- The circumstances and severity of the negligence
- How egregious the employees’ actions were
- The severity of the emotional and psychological effects on survivors
- Past case outcomes and legal precedents in the jurisdiction
- Juror sympathy and their perception of each party
Some factors are more predictable than others. Your attorney can research legal precedents and develop a case strategy that helps put the jurors in your shoes. They will know how they would feel if a funeral home treated their loved one’s body improperly or handled it disrespectfully.
What Steps Should I Take if I Believe Funeral Home Negligence Occurred?
You should address three main concerns if you believe funeral home negligence occurred concerning your loved one’s final arrangements, handling of their body, cremation, or burial.
Documenting Evidence
Collect all relevant documentation and paperwork as you receive it. We recommend keeping a folder or file of your contract, additional paperwork, photos, and other evidence. This file will make identifying and gathering evidence easier as your case progresses.
Talking to a Funeral Home Negligence Lawyer
The best way to understand if you have a viable case against the funeral home is to schedule a free consultation with a funeral home negligence lawyer. They can assess your case and explain your options based on the information you share.
Acting Quickly
You must take legal action within the statute of limitations to file a lawsuit. Missing the statute of limitations can create insurmountable legal barriers. For example, the court will likely bar you from going to trial and holding the funeral home and its owners accountable.
Since these cases typically fall under negligence or contract law, it is best to discuss your options with an attorney knowledgeable about funeral home negligence as soon as you recognize there might be an issue.
Does My Family Have a Funeral Home Negligence Case?
Unfortunately, funeral home negligence happens more often than you would think. Funeral homes mishandle bodies, make errors, and mix up bodies. When an issue arises, and the staff does not immediately remedy the situation, the family can suffer financial and emotional losses.
Survivors who experience funeral home negligence following the death of a loved one can hold the facility and its owners accountable through a lawsuit if:
- The actions violated Florida death care industry statutes and rules.
- The facility violated the contract the family signed with them.
- The facility’s actions fall within the elements of negligence.
Funeral home negligence lawsuit claim process
What Are the Elements of Negligence?
Four elements must be present to establish a negligence claim:
- Duty of care
- Breach of duty
- Causation
- Damages
Entering into a contract with a funeral home establishes the duty of care the facility owes your family. When the staff violates the contract or breaks state laws regarding the handling and care of your loved one’s body, this can cause substantial monetary damages and emotional harm to the surviving family members.
Discuss Your Florida Funeral Home Negligence Lawsuit With Our Team
The Law Offices of Wolf & Pravato offers free, confidential consultations for families whose loved ones died and then experienced negligence during their final arrangements, funeral, or burial. We understand this is a difficult subject, but we can help grieving families hold careless or reckless parties accountable.
Contact us at (954) 633-8270 today for your free case review, during which we can determine your next steps.
