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.
How Can You Prove Funeral Home Negligence?
When emotions are high, it can feel nearly impossible to separate anger and sorrow from legal action. However, proving negligence is a process that relies heavily on documentation and evidence. In these cases, what you can show often matters more than what you feel. You can help strengthen your claim by gathering the following forms of evidence:
- Copies of contracts, receipts, or written agreements with the funeral home or cemetery
- Photographs or video evidence of the mishandling
- Written correspondence such as emails or text messages acknowledging the mistake
- Statements from witnesses or staff
- Expert testimony from mortuary, pathology, or industry professionals
To succeed in these cases, you must typically show that the funeral home had a legal duty to treat your loved one’s remains with dignity, that they breached this duty, and that their breach caused emotional or financial harm.
What Laws Govern Funeral Home Negligence in Florida?
Florida has specific laws that regulate funeral homes, cemeteries, and crematories. These are largely outlined under Chapter 497 of the Florida Statutes, which governs funeral, cemetery, and consumer services. The state’s Department of Financial Services oversees the licensing and conduct of funeral directors and related establishments.
Florida courts also recognize that the negligent mishandling of a loved one’s remains can cause severe emotional distress, and victims can pursue compensation even if no physical injury occurred. This recognition stems from the understanding that emotional trauma in these circumstances can be life-altering and deeply personal.
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.
What Damages Can You Recover in These Cases?
When filing a claim, it’s important to understand what you may be entitled to recover. Damages in funeral home negligence cases generally fall into three categories, which are as follows:
- Economic damages: reimbursement for funeral and burial expenses, the cost of correcting mistakes such as exhumation or reburial, and other direct financial losses.
- Non-economic damages: compensation for the emotional suffering, grief, humiliation, and loss of peace of mind caused by the mishandling of remains.
- Punitive damages: available in cases where the conduct was intentional, fraudulent, or shockingly reckless, meant to punish the wrongdoer and deter others from similar misconduct.
What Should You Do If You Suspect Funeral Home Negligence?
If you believe that a funeral home or cemetery acted negligently, it’s critical to take action quickly. The following steps can help you protect your rights:
- Gather and preserve all contracts, invoices, and receipts.
- Take photos or videos of any evidence of mishandling or irregularities.
- Avoid direct confrontation with staff. Allow your attorney to handle communications.
- File a complaint with the Florida Department of Financial Services if appropriate.
- Contact an experienced attorney as soon as possible to evaluate your legal options.
How Long Do You Have to File a Funeral Home Negligence Claim in Florida?
Like most civil claims, funeral home negligence cases are subject to Florida’s statute of limitations. In general, you have two years from the date the negligence was discovered (or reasonably should have been discovered) to file your claim. Waiting too long can prevent you from recovering compensation, so acting promptly is essential.
How Can an Attorney Help You Through This?
Working with a qualified attorney during such a painful time can bring you the peace you deserve. An attorney will investigate records, interview witnesses, and consult with experts to establish liability. They’ll also communicate with the funeral home and insurance representatives on your behalf, allowing you to focus on your family and your healing.
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.
