Florida Funeral Home Negligence Lawyers
When a family member or other loved one passes away, family and friends may wish to honor their life and memory through a respectful funeral. Whether you choose a burial or cremation, this is a very important step and bereaved families place an enormous amount of trust in their selected funeral home and their employees. When a funeral home abuses the trust bestowed upon them due to incompetence, greed, perversion, or any other types of negligence, then your best option for recourse is to file a personal injury lawsuit. This is usually the optimal way to hold the facility accountable and ensure that justice is served through a financial award.What Is Funeral Home Negligence?
Funeral home negligence can present itself in a variety of ways. Sometimes negligence arises from general mistakes or oversights made by funeral home directors and their staff. Other times, deception or perversions can result in the need to file a funeral home negligence claim. Most commonly, funeral home negligence arises from the following:
- Corruption or Greed
- Honest mistakes or Human error
- Deception or Cover-ups
- Failing to uphold the Funeral Rule
- Not performing the services outlined in their licensure
- Not honoring any of the contractual agreements made with the family of the deceased
- Not honoring any of the services that they were paid to perform
- Sexual Perversions
Funeral home negligence cases can be complex and broad. It is also important to note that there is a difference between the funeral home not meeting your expectations and negligence. Our Florida Funeral Home Negligence Lawyers at Whittel & Melton can help determine if you have grounds for a negligence lawsuit. Contact us now 24/7 online or call us at 866-608-5529 to meet with us and learn more about all of your legal options.What Are Some Examples of Funeral Home Neglect or Abuse?
Some specific examples of funeral home neglect and abuse include:
- Losing the corpse
- Improper embalming or failing to cremate or bury as contracted
- Failing to store the body properly resulting in decay or disease
- Mixing the ashes of multiple corpses
- Putting the wrong body in the coffin
- Placing multiple bodies in one coffin
- Switching caskets – swapping a more expensive model for a less expensive one and hoping the family fails to notice
- Burying the deceased in the wrong gravesite
- Robbing the corpse
- Gravesites vandalized or disheveled due to lack of proper maintenance
- Selling body parts or organs
- Injuring the corpse in some way
- Sexually abusing the corpse
Florida state law does allow victims of funeral home neglect to seek financial compensation from a funeral home or mortuary that is found to be negligent in the handling of a loved one’s remains. You can view the specific statute – Chapter 497 here.
Those who can file a claim against the funeral home or mortuary for negligence include:
- Surviving spouses
- Surviving children
- Surviving parents
- Any other person(s) named in the will of the deceased as being entitled to the deceased’s estate
If you have lost a loved one and believe that you have been exploited or if you think your loved one’s body was abused or neglected, then you may be wondering how to go about holding the responsible parties accountable. The legal definition of “negligence” is responsibility or liability for an accident. Proving this revolves around identifying the following elements:
You were owed a duty of care from the funeral home – they were responsible for overseeing your loved one’s funeral arrangements and failed to treat them respectfully.
- The funeral home breached their duty or legal obligation to avoid harming your loved one
- This breach by the funeral home ultimately resulted in harm.
- Losses were suffered by the funeral home’s actions to the deceased either physically, financially or emotionally.
If your loved one was the victim of neglect or abuse by a funeral home, cemetery or crematorium, then you may very well be owed financial compensation for any of the following:
- Funeral or burial costs, including cremation
- Emotional distress
- Loss of enjoyment of life
- Psychological trauma
- Other damages (these can vary from case to case)
When you bring your case to our Florida Funeral Home Negligence Lawyers at Whittel & Melton, you can trust that our team of experienced funeral home abuse and neglect attorneys will fully assess the facts of your specific case and work with you to develop a winning strategy to see to it that all responsible parties are held accountable for their actions. We will launch our own investigation and use our team of skilled investigators and analysts to pinpoint all losses and damages and make sure that they are thoroughly accounted for. The specific facts related to your funeral home abuse or neglect case and the extent to which the funeral home, cemetery or crematorium is liable will determine how much your case is worth. No two cases are exactly alike, but the value of your case boils down to all of the harm that you and your family have suffered, such as physical damages to your loved one’s remains, emotional distress, mental anguish, etc.How Do I Get Started Filing a Florida Funeral Home Abuse or Neglect Claim?
To get started with the claims process, all you need to do is reach out to our Florida Funeral Home Negligence Lawyers at Whittel & Melton by calling us statewide at 866-608-5529 or contacting us online 24/7. We will meet with you in person for a free consultation and answer all of your questions while walking you through the legal process from start to finish.
We know the delicate nature of these cases, which is why we encourage you to do your research and find an attorney who is experienced handling this type of law and who will handle your claim with compassion, discretion, and the utmost professionalism.
When you work with us, your family will never pay any up-front legal fees as we work on a contingency fee basis. That means that if we do not recover any financial damages on your behalf, then you owe us nothing. If you are ready to discuss your case with our team of highly respected legal advocates, call us now at 866-608-5529 or contact us online.