Seeking Justice for Funeral Home Negligence? Our Experienced Lawyers Can Help.

Losing a loved one is one of life’s most challenging experiences. Families place their trust in funeral homes to provide a dignified and respectful farewell for the deceased. Unfortunately, there are instances where funeral homes fail to uphold this trust, causing further grief and distress for the family.

Funeral home negligence encompasses a range of actions—ranging from a result of greed, incompetence, or perversion—that can violate the trust placed in these service providers, and when it occurs, families have legal options to seek justice and compensation.

What Is Funeral Home Negligence?

Funeral home negligence occurs when a funeral home or its employees fail to perform their duties according to the standard of care required by law, resulting in harm to the deceased’s remains or causing emotional distress to the family. 

Funeral homes are entrusted with significant responsibilities, including preparing, handling, and burying or cremating the body respectfully and appropriately. When these responsibilities are neglected or mishandled, it can result in legal consequences for the funeral home and compensation for the family affected.

Examples of funeral home negligence can vary, but they typically involve mishandling the body, failing to follow the family’s instructions, or breaching the contract made with the family.

Common Types of Funeral Home Negligence

There are several ways funeral homes can breach their duty of care to families. Some of the most common types of funeral home negligence include:

Improper Embalming or Preservation

Funeral homes are responsible for preparing the body for viewing, burial, or cremation. Improper embalming, use of substandard chemicals, or failure to maintain refrigeration can lead to decomposition and cause distress for families.

Mishandling of Remains

Mishandling of the deceased’s remains includes dropping or damaging the body, switching bodies, or placing the wrong body in the casket. This gross negligence can cause severe emotional harm to the family and is a breach of the funeral home’s duty.

Failure to Follow Instructions or Contract Terms

Families often have specific wishes regarding burial, cremation, and memorial services. When funeral homes ignore these instructions, whether intentionally or by oversight, it can amount to negligence. For example, failing to follow religious or cultural customs as requested is considered a serious breach of trust.

Theft of Personal Items

It is common for families to entrust personal items like jewelry or sentimental belongings to be buried or cremated with their loved one. In some cases, funeral home staff have been found to steal these items, an act of both theft and breach of trust.

Billing and Overcharging Issues

Some funeral homes attempt to charge families for services or goods that were not agreed upon or inflate charges after the fact. While these practices are not physical mishandlings, they are nonetheless considered forms of negligence and fraud.

Cremation Errors

Cremation is an irreversible process, and mistakes in this area can be particularly devastating. Common cremation errors include mixing up ashes, cremating the wrong body, or losing ashes. These mistakes cause irreparable harm to families seeking closure.

Inadequate Facilities or Improper Storage

Funeral homes are expected to maintain a clean, sanitary environment. If bodies are improperly stored or exposed to unsanitary conditions, the funeral home could be found negligent.

Mishandling, Losing, or Incorrectly Delivering the Body

In unthinkable circumstances, your loved one’s remains could be delivered to the wrong gravesite, or an incompetent funeral home could lose track of your loved one’s whereabouts.

Mainming or Sexually Abusing the Corpse

Funeral home negligence can include instances of severe misconduct, including sexual abuse of a deceased’s remains, commonly referred to as necrophilia. This horrific violation is not only unethical but also illegal in every state, as it constitutes a crime against human dignity and the trust that families place in funeral homes.

Signs of Funeral Home Negligence

Recognizing funeral home negligence can be challenging, as families are often in an emotionally vulnerable state following the loss of a loved one. However, there are several red flags that may indicate misconduct:

• Unexplained Delays in releasing the body or cremains.
• Appearance Issues such as visible signs of decay or improper embalming.
• Confusion or Inconsistencies in communication from the funeral home.
• Lost or Switched Personal Items that were intended to remain with the body.
• Billing Discrepancies or unexpected fees that weren’t previously discussed.
• Ashes or Remains Not Returned or issues with the appearance and labeling of the ashes.

If you suspect negligence, it’s essential to document any incidents, discrepancies, or unusual experiences and consult a trusted attorney to explore your options.

Taking Legal Action Against Funeral Home Negligence

When families experience funeral home negligence, they have the right to seek justice through legal action. Funeral homes have a legal duty to meet certain standards of care, and breaches of that duty can lead to lawsuits. Here are the steps involved in pursuing a legal case:

Gather Evidence of Negligence

Documenting evidence is crucial in any legal case. Families should keep records of all agreements, receipts, and communications with the funeral home. Photographs, witness statements, and any items that may have been mishandled can also support your case.

Identify Potential Damages

In a funeral home negligence case, damages can include emotional distress, financial losses, and, in cases of extreme misconduct, punitive damages. An experienced attorney can help determine the potential compensation based on the specifics of your situation.

File a Lawsuit

Once you have sufficient evidence, a lawsuit can be filed against the funeral home. This process involves compiling all relevant documentation, filing the lawsuit within the state’s statute of limitations, and working with your attorney to make a strong case. A funeral negligence lawyer at Morgan & Morgan can assist you with this process, ensuring you file your claim correctly and on time, according to your state’s requirements and statute of limitations.

Negotiate a Settlement or Go to Trial

In many cases, funeral homes may opt to settle to avoid a lengthy trial. If a settlement cannot be reached, your case may go to trial, where your attorney will present the evidence before a judge.

Legal action can be complex, especially when dealing with such sensitive subject matter. Working with an experienced attorney at Morgan & Morgan can make this process more manageable and help ensure that your rights are protected.

Proving Funeral Home Negligence

If your loved one was neglected, abused, or exploited by a funeral home, and you would like to hold the funeral home accountable, you and your lawyer must prove liability. Proving liability generally involves satisfying the following criteria:

• The funeral home owed you a duty of care. They were responsible for treating the deceased in an honest and respectful manner, and they failed to do so.
• They breached their duty. The funeral home breached their legal obligation to avoid harming your loved one.
• Their breach directly resulted in harm. The funeral home was responsible for the abuse or mishap, making them legally liable.
• There were losses suffered as a result. The funeral home’s actions injured the deceased (physically) and/or you and your family (emotionally or financially).

Compensation for Funeral Home Negligence

Families who have suffered due to funeral home negligence may be entitled to various types of compensation. These can include:

• Emotional Distress: Funeral home negligence can cause severe emotional trauma, and families may be compensated for this suffering.
• Economic Losses: Reimbursement for funeral costs, repair costs for mistakes made, or costs related to reburial or re-cremation.
• Punitive Damages: In cases of intentional misconduct or extreme negligence, courts may award punitive damages to penalize the funeral home and deter future misconduct.

Seeking compensation can help relieve some of the burdens families face after negligence and may provide a sense of justice for the harm done.

Preventing Funeral Home Negligence

To minimize the risk of funeral home negligence, families can take several proactive steps:

• Research Funeral Homes Carefully: Read reviews, ask for recommendations, and verify licenses. Opt for a reputable funeral home with a history of positive experiences.
• Request a Detailed Contract: Ask for a written contract that outlines all services, costs, and specific requests. Be sure to include any religious, cultural, or personal preferences.
• Inspect Facilities: If possible, visit the funeral home’s facilities. A well-maintained, professional environment indicates respect and care for the deceased.
• Stay in Regular Contact: Maintain communication with the funeral home and ask for updates, particularly if there are delays or unexpected circumstances.

Taking these steps cannot guarantee against negligence but can reduce the likelihood of experiencing it.

How Morgan & Morgan Can Help With Funeral Home Negligence Cases

If you or a loved one has suffered due to funeral home negligence, Morgan & Morgan is here to help. With decades of experience, our attorneys are skilled in handling sensitive cases and will work diligently to hold negligent funeral homes accountable. 

We offer a free case evaluation to review your case and discuss your legal options. If we are able to work together, our team will go straight to work and thoroughly investigate all aspects of your case, gathering evidence to build a strong claim.

We understand that funeral home negligence cases are emotionally challenging, and we approach each case with the compassion and respect it deserves.

Plus, our firm operates on a contingency fee basis, meaning you won’t pay unless we win your case. The Fee Is Free™.

At Morgan & Morgan, we believe in fighting for justice and are committed to helping families find closure and obtain compensation for the harm they’ve endured. If you suspect funeral home negligence, don’t hesitate to reach out. Hiring one of our lawyers is easy, and you can get started in minutes with a free case evaluation today.