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Mistreatment of a Corpse in New York
No state has been hit harder by the coronavirus outbreak than New York. The suffering has been profound, with tens of thousands of lives lost.
The pain can be unbearable for the loved ones of the victims. To make matters worse, in many cases friends and family are unable to say goodbye properly, as funeral homes all over the state have been forced to alter or postpone ceremonies.
Although most mortuaries have dealt with this unprecedented crisis admirably, some have fallen far short in their duty to care for the deceased. If you lost a loved one during the coronavirus pandemic and suspect the mortuary may have mistreated their remains, contact our New York attorneys for a free, no-risk case evaluation.
What Are Some Examples of Corpse Mistreatment?
The COVID-19 outbreak has overwhelmed many funeral homes. But no matter the circumstance, your loved one is entitled to dignity and respect. Mistreatment of a corpse in any form is wrong, and potentially grounds for a lawsuit.
There are numerous forms of corpse mistreatment funeral homes may be culpable for. Notably, a Brooklyn mortuary stored dozens of corpses in unrefrigerated U-Haul trucks. The bodies caused an “overwhelming” stench that lingered for weeks.
Other examples of corpse mistreatment include:
- Abuse of a corpse
- Improper disposal of a body
- Dropping a corpse during transport
- Burying the wrong body or burying a body in the wrong plot
- Stealing items such as jewelry
- Stealing organs
How Is Funeral Home Negligence Proven?
Between coping with the loss of a loved one and making expensive arrangements, you have a lot on your plate. It’s the job of the funeral home to treat your loved one’s remains with care. Not only is a failure to do so unjust, it may cause serious harm to you.
Generally, establishing that a funeral home was negligent requires demonstrating four criteria:
- Duty: The funeral home owed a duty of care to treat the decedent in a reasonable manner and avoid harming their remains.
- Breach: The funeral home breached their responsibility.
- Cause: The breach directly caused you harm.
- Losses: You endured losses as a result, whether financial, emotional, or otherwise.
Contact a New York Funeral Lawyer
The loss of a loved one is difficult under any condition. If a funeral home failed to provide reasonable care for your loved one’s remains, contact our New York attorneys. You could be entitled to compensation for your hardship.
Schedule a free, no-obligation case evaluation today.