Funeral Home Negligence Attorney

The loss of a loved one is one of life’s most challenging moments. During these emotionally turbulent times, families rely on funeral homes to handle the deceased with care, dignity, and respect. Unfortunately, not all funeral homes meet these expectations.

There are approximately 3,500 complaints of funeral home negligence filed each year with state regulatory boards in the United States, with the majority of complaints involving failure to comply with family instructions, misidentification, or the improper storage or handling of remains.

When funeral home negligence occurs, it not only adds emotional trauma during an already stressful time; it can also constitute a breach of trust and legal responsibility. If you or your family have experienced funeral home negligence, it’s time to seek the legal assistance of a dedicated and compassionate legal team.

What Is Funeral Home Negligence?

Funeral home negligence occurs when a funeral service provider fails to meet professional standards or acts in a way that causes harm, distress, or financial loss to the family of the deceased. Negligence can take many forms, including:

·       Losing the Body or Ashes: Misplaced or lost remains are some of the most egregious examples of negligence and can cause profound grief and uncertainty.

·       Mishandling the Body: The improper storage, transportation, or preparation of a body can result in damage or disrespect.

·       Wrongful Burial or Cremation: There are few examples of funeral home negligence more brazen than mistakenly burying or cremating the wrong body.

·       Sexual Misconduct: Unimaginable acts of abuse toward a decedent’s body constitute serious legal violations.

·       Illegal Sale of Body Parts: Harvesting and selling organs or body parts without the family’s consent is both unethical and unlawful.

·       Unauthorized Cremation or Burial: Proceeding with interment or cremation without explicit family consent is a clear breach of personal wishes.

·       Gravesite Errors: Burying a loved one in the wrong plot is a costly and distressing mistake that exemplifies negligent funeral home practices.

·       Presenting the Wrong Body at the Service: It’s hard to imagine a more emotionally distressing situation than finding the wrong body at your loved one’s service.

·       Unlicensed Funeral Staff: Funeral homes that employ unqualified personnel clearly compromise the quality and legality of their services.

·       Unauthorized Relocation of Remains: Moving a decedent’s remains without proper authorization is a deep violation of a family’s trust.

·       Failure to Comply with Family Wishes: The family of the deceased has the right to expect their instructions to be followed and their wishes met. If a funeral home ignores the wishes of the family, it might qualify as legal negligence.

When funeral homes fail in their obligations, the emotional and financial tolls can be immense. If you’ve unfortunately had experience with any of the above types of funeral home neglect, you should seek legal counsel as soon as possible.

How Common is Funeral Home Negligence?

The statistics around funeral home negligence cases in the United States point to an uncomfortable reality. 10% of funeral homes in the US have been cited for negligence or misconduct violations, resulting in 3,500 complaints annually and $500 million spent on unmet funeral services every year.

Negligence cases have increased by 25% since 2020, with improper storage or handling of remains being the most common issue mentioned in lawsuits.

It’s certainly unsettling that one in ten funeral homes has been cited for negligence and that there are thousands of individual complaints filed each year. But remember that even if you are the victim of a funeral home’s negligence, you are not without options. The average compensation awarded in cases of funeral home negligence ranges from $50,000 to $100,000, depending on the types and severity of negligent acts.

Know Your Rights as a Family Member

When a funeral home fails in its solemn duty to honor your loved one with dignity and care, the harm can be profound. Damages in these cases are designed to restore a sense of justice and hold the negligent parties accountable. Damages fall into three primary categories: economic, non-economic, and punitive. Each plays a vital role in addressing the harm caused.

Economic Damages

Economic damages cover the measurable financial losses that arise from funeral home negligence, such as:

·       Additional Funeral Expenses: If a funeral home fails to provide the proper services, your family may have incurred additional costs to rectify their mistakes. This could include hiring another funeral home to conduct services properly. These costs should be included as part of the economic damages in any claim made against the funeral home.

·       Reimbursement for Unfulfilled Services: Funeral homes often require payment in advance, and many families will opt for advanced payments regardless in order to minimize future financial burdens. A key component of economic damages in a claim is recovering payments for services that were prepaid but not delivered.

·       Legal Fees: Making a claim of negligence against a funeral home generally requires legal assistance. Economic damages should include compensation for the costs of pursuing justice on your family’s behalf.

·       Costs for Emotional Support Services: Being the victim of a funeral home’s negligence is emotionally damaging. Professional mental health support is often needed, and the cost of this support should be included in any claim made against the funeral home.

Non-Economic Damages

The emotional and psychological toll of funeral home negligence cannot be overstated. Non-economic damages address these deeply personal impacts, including:

·       Pain and Suffering: The anguish and heartbreak caused by funeral home negligence are non-economic damages that can be included in a legal claim against the funeral home.

·       Mental Anguish: Severe emotional distress beyond the scope of normal grief can cause depression, anxiety, or even PTSD. You can include such trauma resulting from the mistreatment of a loved one’s remains when making a claim for non-economic damages.

·       Loss of Enjoyment of Life: The lasting emotional scars on a family’s well-being can make it difficult to find pleasures in activities they once enjoyed. This has a long-term impact on quality of life and makes a compelling case against a funeral home’s negligent practices.

·       Loss of Consortium: Loss of consortium is a legal term representing the loss of companionship and close emotional support. For example, being the victim of a funeral home’s negligence could fracture relationships among surviving family members. The disruption of such important relationships certainly counts as non-economic damage.

Punitive Damages

In cases involving particularly egregious or intentional misconduct, punitive damages may be awarded. These damages go beyond compensation, serving to:

·       Enforce Accountability: One of the primary goals of punitive damages is to hold the offending party responsible for their behavior. While mistakes can happen to anyone, gross negligence or willfully ignoring responsibilities are unacceptable practices for a funeral home.

·       Deter Future Violations: Along with holding the offending party responsible, enforcing financial penalties will send a clear message that negligent behavior will not be tolerated.

·       Raise Public Awareness: As a victim of funeral home negligence, you have the opportunity to help protect others from future violations. Punitive damages will help to alert the public to a funeral home’s poor record of behavior.

Building a Strong Case for Funeral Home Negligence

When a funeral home fails to meet its obligations, proving negligence is key to securing justice for your family. Successful negligence claims rely on a variety of evidence, including:

·       Documentation: Contracts, service agreements, and invoices show what services the funeral home agreed to provide. If you can produce this documentation and compare it to what the funeral home delivered, it will help to prove they acted negligently.

·       Witness Statements: Testimonies from family members, friends, or even funeral home staff who observed the negligence firsthand can provide powerful insights. These statements can be especially effective in providing context and proof for emotional and other non-economic damages.

·       Photographic and Video Evidence: Visual proof of a funeral home mishandling or improperly storing remains, misidentifying the deceased, or otherwise failing in their duties is often the most compelling evidence in court. For example, photos of a decomposed body due to inadequate refrigeration can clearly highlight negligence.

Preserving evidence is critical to building a strong case, as without it, proving negligence becomes significantly harder. If you believe you have experienced negligent behavior on the part of a funeral home, we highly recommend that you document everything. Retain all communications with the funeral home, including emails, invoices, and contracts, as these will help to prove your case.

It’s important that you act quickly if negligence is suspected. Take photos or videos immediately to document the condition of the deceased or funeral home facilities. For instance, improper embalming or signs of mishandling should be recorded as soon as possible. Preserved evidence not only strengthens your claim but also ensures that critical details are not lost over time.

Speak with your family and friends, as witness accounts can bring the story of negligence to life. Collecting observations of mishandling, errors, or unprofessional behavior can provide detailed and emotional testimony. In some cases, even employees of the funeral home may step forward with information about negligent practices. This is also the sort of thing that your legal counsel can do on your behalf if it is too emotionally distressing.

Consider Finding Expert Witnesses

In some cases, you may be able to strengthen your claims by bringing in the testimony of an expert. Expert witnesses bring credibility and clarity to complex cases by demonstrating how the funeral home’s actions fell below industry standards. Their objective and professional assessments often provide the court with a critical perspective, ensuring that your family’s experiences are backed by concrete, expert-supported evidence.

Medical professionals, for example, are invaluable in cases involving the mishandling of remains. Their expertise allows them to identify clear signs of improper embalming, inadequate refrigeration, or other forms of negligence that may not be obvious to the untrained eye.

If you’re accusing a funeral home of negligence in its preparation, handling, or preservation of a body, a forensic pathologist might testify that the condition of a decomposed body indicates improper refrigeration, directly linking the funeral home’s negligence to the harm suffered. Or a licensed embalmer could explain how specific embalming techniques—or the lack thereof—deviated from accepted practices, resulting in visible damage or decay. By presenting these findings in court, medical professionals provide factual, science-based evidence that can solidify your case.

Funeral home industry specialists are another key resource for proving negligence. These experts are intimately familiar with the standards and regulations governing funeral homes, and they can pinpoint exactly where those standards were breached.

For instance, an expert in funeral home operating procedures might testify that mishandling occurred due to unlicensed staff performing tasks they were not qualified to handle. An expert could also explain how improper storage or transportation of remains violated state regulations or professional guidelines, bolstering your claims for punitive damages.

While not always required, expert testimony adds weight to your claim by providing a level of authority and objectivity that personal accounts and documentation simply cannot achieve. Expert testimony helps the court understand the gravity of the funeral home’s actions and how those actions deviate from what is expected of a professional establishment. Judges and juries are more likely to be persuaded when a qualified professional explains how the funeral home failed to meet its obligations.

Additionally, expert witnesses can counter arguments made by the funeral home’s defense. If the funeral home denies negligence or attempts to minimize its actions, an expert’s detailed analysis can effectively dismantle these claims.

Take Action Today

If you or your family have been affected by the negligent practices of a funeral home, you need a qualified and compassionate legal team to fight for the justice and compensation you deserve. Pursuing a funeral home negligence claim can be complex and emotionally challenging. Let the Lento Law Group take up these challenges on your behalf. We will:

·       Investigate the details of your case to uncover evidence of negligence or misconduct.

·       Work with experts in funeral home standards and practices to build a strong claim.

·       Negotiate with the funeral home or their insurance company to seek fair compensation.

·       Advocate for your rights in court if necessary.

The Lento Law Group understands the pain and frustration that comes with funeral home negligence, and we are committed to ensuring justice for your family. Call us today at 1-833-LENTO-LAW to get started.