Florida Funeral Home Negligence Lawyers

Funeral Home, Cemetery and Crematorium Negligence and Abuse

When a family member or loved one passes away, family and friends may wish to honor them. It is common that through a respectful funeral, they pay their respect to their life and memory. Whether you choose a burial or cremation, this is an 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 because of incompetence, greed, perversion, or any other type of negligence, then your best option for recourse is to file a personal injury lawsuit. This approach holds the facility accountable and ensures justice through a financial award.

What Is Funeral Home Negligence?

FunFuneral 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.

What Are Some Examples?

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

What Are the Laws in Florida On Funeral Home Negligence?

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.

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 its 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 toward 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)

How Much is My Case Worth?

When you bring your case to Whittel & Melton, our experienced Florida funeral home negligence lawyers will thoroughly assess the facts and develop a winning strategy to hold all responsible parties accountable. We’ll launch a detailed investigation, using skilled investigators to identify all losses and damages.

The value of your case depends on the specific details, including the extent of the funeral home’s liability and the harm you and your family have suffered, such as damage to your loved one’s remains or emotional distress.

Client Success Stories in Funeral Home Negligence Cases

Discover how clients have triumphed in challenging times with our dedicated legal support. Here are a few examples of the results we’ve achieved in funeral home negligence cases:

• Case 1: A grieving family faced improper handling of their loved one’s remains. With our intervention, the family received a substantial settlement that brought them justice and financial relief during their difficult time.
• Case 2: In another instance, a funeral home failed to follow basic protocols, leading to a mix-up in cremated ashes. Our legal team successfully negotiated a compensation package that covered emotional damages and corrective measures to rectify the mishap.
• Case 3: A family discovered that their relative’s body had been mishandled and kept in poor conditions. Thanks to our relentless pursuit, they were awarded significant compensation and a public apology from the responsible institution.

Why Clients Trust Us

Clients continually turn to us because of our proven track record and unwavering commitment to justice. Here’s what sets us apart:

1. Comprehensive Case Reviews: We meticulously analyze every detail to ensure nothing is overlooked.
2. Personalized Legal Strategies: Every case receives a tailored approach that best suits the client’s unique situation.
3. Dedicated Support: Our team provides compassionate and responsive communication throughout the process.

These stories showcase our legal expertise and our dedication to supporting clients through some of their most challenging times. Join the many who have found justice and peace of mind with our legal services.

How Do I Get Started Filing a Florida Funeral Home Abuse or Neglect Claim?

To begin the claims process, contact our Florida Funeral Home Negligence Lawyers at Whittel & Melton by calling 866-608-5529. We’ll provide a free in-person consultation, answer your questions, and guide you through the legal process.

Given the sensitive nature of these cases, it is crucial to choose an attorney experienced in this area of law, who will handle your claim with compassion and professionalism.

We work on a contingency fee basis, meaning you pay nothing unless we win your case. If you’re ready to discuss your situation, call us today at 866-608-5529.