When your loved one passes away, it can be devastating. However, as you navigate the grief process, you may be tasked with handling your loved one’s burial and funeral services. As such, the last thing you anticipate during this matter is to find that the employees you trusted to help honor and preserve the legacy of the deceased have deprived you of the ability to grieve because of their reckless and negligent acts. If this reflects your circumstances, it’s important to understand that you have the right to seek compensation and justice for the wrongs you and your family have endured. The following blog explores what you should know about these matters, including the importance of working with our Fort Lauderdale attorneys to help you through these difficult times.
What Constitutes Funeral Home and Cemetery Negligence?
Unfortunately, there are several ways in which funeral homes or cemeteries can be negligent in the handling of your loved one’s remains, final wishes, and burial.
It is important to understand that there is a considerable difference between negligent actions by these individuals and feeling let down by their services or not having your expectations met. As such, some of the most common examples of negligence by mortuary services:
- Mishandling or losing a corpse
- Losing or mishandling cremated remains
- Switching corpses
- Switching caskets
- Presenting the wrong corpse
- Burying the wrong corpse
- Cremating without consent
- Mixing the ashes of two corpses
- Burying corpses in the wrong burial site
- Failing to properly store and preserve a corpse
- Causing further injury to the corpse
- Selling body parts of a corpse
In some instances, these actions may not be inherently malicious, but rather due to oversight or errors on the part of staff. Regardless, it does not negate the emotional trauma it can inflict on your family, so understanding your legal options in these matters is critical.
What Are My Legal Options as a Loved One of the Deceased?
Learning that your loved one has been treated with less than the respect they deserve while in the care of a funeral home or cemetery can be devastating. As such, understanding the steps you should take to best protect yourself in these matters is critical. Generally, the only individuals in Florida who are eligible to file a negligence claim against a funeral home or cemetery are the surviving spouse, children, or parents of the deceased. However, anyone who is named in the will or otherwise entitled to assets as part of the estate may pursue a claim against the negligent party.
As a victim of this negligence, you can seek compensation against the funeral home or cemetery for the burial expenses, emotional distress, any property that was lost or damaged due to their negligence, and potential punitive damages.
Funeral homes and cemeteries have a duty to ensure that the wishes of your loved one are honored. If they breach this duty, whether it’s due to greed, corruption, fraud, or negligent oversight, you have the right to file a claim against them for the damages you’v endured. As such, the team at the Finizo Law Group is ready to help you navigate these difficult matters. We understand how devastating these matters can be, which is why our firm is committed to helping you recover the justice and compensation you deserve on behalf of your loved one. Contact us today to learn more.
