Texas Funeral Home Negligence
A funeral home can provide comfort after the passing of a loved one. A proper burial or cremation allows the decedent’s family and friends to reflect on and celebrate a life well-lived.
But what if the unthinkable happens and the funeral home falls short in its duty to care for the deceased?
If you lost a loved one in Texas and the funeral home failed to treat their remains in a dignified manner, contact Morgan & Morgan. Our attorneys understand that you’re going through a painful experience, and we’re here to help you achieve justice and secure restitution.
What Are Some Examples of Funeral Home Negligence?
For various reasons – including neglect, greed, deception, incompetence, and sexual perversion – funeral homes sometimes fail to provide the level of care that’s to be expected. They should be held accountable for actions such as:
- Mishandling or dropping a body
- Stacking bodies on top of one another
- Leaving bodies unattended for an extended period of time
- Improperly embalming a body
- Placing multiple bodies in a casket
- Placing the wrong body in the coffin
- Burying a body in the wrong plot
- Mixing or blending ashes from multiple corpses
- Robbing a body
- Sexually abusing a corpse
- Substituting a cheaper casket without approval
- Selling a damaged casket
- Lying about prices and the availability of coffins
- Harvesting organs for resale
- Using an unlicensed embalmer
How Is Funeral Home Negligence Proven?
Texas law allows for certain individuals – including surviving children, spouses, and parents – to recover damages in funeral home negligence lawsuits. To do so, negligence must be proven. This generally requires demonstrating the following:
- The funeral home owed a duty of care to treat your loved one’s remains respectfully and responsibly
- They breached their legal obligation to you
- Their failure directly caused you harm
- You suffered losses as a result
What Types of Compensation Are Available in Funeral Home Negligence Lawsuits?
The damages awarded in funeral home negligence lawsuits vary, depending on the specific losses incurred by the victim. However, plaintiffs in these lawsuits are often awarded damages including:
- Funeral Expenses
- Emotional Distress
- Loss of life’s enjoyment
- Punitive damages (intended to punish the funeral home and dissuade similar behavior in the future)
Contact Morgan & Morgan
If you believe a funeral home neglected, abused, or otherwise mistreated your loved one’s remains, you have the right to hold them accountable.
Schedule a free, no-risk case evaluation with one of our Texas attorneys. It costs nothing to hire us, and we get paid only if we successfully resolve your case. Contact us today.