Bereaved families rely on funeral homes to properly care for and prepare their loved ones before transporting them to their final resting place. Funeral homes and cemetery placements aren’t cheap, either. No one ever expects their deceased loved one to be treated negligently during the process. Yet, mistakes and negligence occur fairly often.
When a funeral home makes cremation errors or combines multiple bodies in one coffin, they may have a legal obligation to the family. The family can file a lawsuit against the funeral home for their wrongdoing.
Rosenfeld Injury Lawyers offers a free consultation to family members who believe their deceased loved one may have been mistreated by a funeral director or home.
Understanding Funeral Home Negligence
Funeral home negligence is the mistreatment or abuse of a loved one entrusted to the provider’s care. Funeral and burial services should make the bereaved family’s funeral planning easier. However, when a funeral home’s actions are negligent or harmful, they may be subject to a lawsuit.
Types of Funeral Home Negligence
Funeral home negligence may include the following:
- Improper embalming
- Mishandling of the corpse
- Combining ashes
- Delivery of the wrong body
- Robbing the deceased
- Sexually abusing the deceased
- Failure to handle a loved one’s body with care
- Wrongful cremation
Funeral home mistakes aren’t new. Stories of abused corpses have been in the media following limited funeral home regulations.
Funeral home negligence cases can occur for various reasons, including poor training, a lack of care, or improper funeral home policies. While some errors are honest mistakes, others result from the negligent and improper treatment of a loved one’s remains.
The average funeral home has just three full-time and four part-time employees [1]. Limited staff and training opportunities can lead to your loved one not receiving the care they deserve. Waiting too long to embalm the body can lead to excessive decomposition, or rushing could lead to improperly losing the deceased’s remains.
Funeral directors are often in charge of overseeing the family’s wishes, and when they fail to do this, they may be found liable. Either way, funeral homes should be held accountable when negligent.
Can You Sue a Funeral Home for Negligence?
Yes, funeral homes can be sued if the funeral director or staff is negligent.
Funeral home negligence should never happen. When it does, the bereaved family may have legal rights to sue the funeral home. Not only does pursuing a lawsuit provide you with the compensation you need to rectify the situation, but it can also serve justice and prevent the same thing from happening to another unsuspecting family.
Who Can File a Funeral Home Negligence Claim?
Grieving families can file a funeral home negligence claim. This may include the deceased’s surviving spouse, children, parents, or any other eligible person listed in their estate.
Before filing funeral negligence cases, though, it’s important to determine liability. Various parties, including funeral directors or undertakers, could be responsible when a funeral home’s actions are negligent. Faulty or defective equipment used in the embalming process or during transportation could deem the manufacturer liable in a product liability claim.
Proving Negligence
Funeral home negligence requires the following four elements of proof:
- Duty of care: The first element in a personal injury lawsuit is proving the funeral home owed you a duty of care. If you hired the funeral home to properly care for your loved one, then they likely owed you a duty of care.
- Breach: We also need to prove the funeral home breached that obligation of care. Funeral home neglect is the most common cause of a breach of care.
- Causation: It’s also important to collect evidence proving the funeral home was responsible for the abuse or neglect.
- Damages: A successful personal injury case also clearly outlines how the grieving family is affected and how they can be compensated.
Our lawyers thoroughly investigate your case and collect the necessary evidence to hold the funeral home accountable. Funeral bills and invoices, witness statements, expert witnesses, and photographs can all benefit your claim.
Why You Should Contact a Funeral Home Negligence Lawyer
Navigating a funeral home negligence case can be difficult. It’s not always easy to identify the responsible parties, and once you do, you still need sufficient evidence of wrongdoing.
If you suspect funeral home negligence, exploring your options as soon as possible is important. Rosenfeld Injury Lawyers’ legal team assists your case in the following ways.
We Will Investigate Your Claim
An investigation uncovers the details of your case, helping to identify any instances of negligence or abuse. Your funeral home negligence lawyers will track down your loved one’s remains and find out what happened. With your family’s permission, we will ensure any cremation errors or cemetery negligence is reported and handled.
A Funeral Negligence Lawyer Negotiates With Insurance
Our legal team will handle communications and negotiations with the insurance company. Funeral home negligence doesn’t just lead to emotional distress and loss but also financial consequences. A detailed evaluation of your case ensures you and your family receive the necessary funds.
You Will Get Legal Representation in Court
If the insurance company fails to offer a fair settlement, our team will take your case to trial. Our funeral home negligence lawyers will represent you in court, fighting for the financial compensation you deserve during this difficult time. We work with expert witnesses to create a strong case outlining the negligence.
Damages Funeral Negligence Lawyers Can Help You Recover
A funeral home negligence attorney from Rosenfeld Injury Lawyers helps funeral home abuse victims collect the following damages.
Economic
Economic damages are the financial impacts of funeral home neglect. Economic damages in a case involving a funeral home’s negligence may include the following:
- The cost of funeral or burial services
- The replacement of personal property (jewelry, wallets, or gold teeth.)
- Transportation costs
- Any fees paid to the funeral director
- Lost wages and benefits
Non-Economic
Mistreating or handling a loved one’s remains can also lead to non-economic consequences. Non-economic damages are non-financial and cover the family’s emotional distress. Common non-economic damages might include the following:
- Emotional distress loss
- Pain and suffering
- Mental anguish
- Loss of consortium
Punitive
Punitive damages are in addition to economic and non-economic damages and are designed to punish the negligent party. If a funeral or burial services company transports the wrong body or uses the wrong cremated remains, it could lead to additional, unnecessary stress and despair for the family.
Currently, Illinois has no limits on punitive damages. This means that excessive negligence by a funeral home could result in high punitive damages.
The Value of a Funeral Home Negligence Case
The value of your funeral home negligence case depends on a few key factors, including the following:
- Type of case: The specific funeral home abuse your loved one endured will factor into your compensation amount.
- Established damages: Your and your family’s damages also determine the value of your case. Illinois law allows recovery of damages related to both financial and emotional distress.
- Contractual agreements: The existence or breach of any contractual agreements can also weigh into your legal options.
The funeral home industry generates over 16.323 billion in revenue [2]. Negligent funeral homes may be subject to fee repayment and additional damages.
Our funeral home negligence lawyers help rectify the wrongdoing of Illinois’ funeral homes and funeral directors. Our law firm will help your family calculate the value of your case to ensure you receive a fair offer.
If you and your family aren’t given a fair settlement offer, your funeral home negligence lawyer is prepared to represent you in court. We work hard to get you the financial compensation you need to ensure your deceased loved one has the funeral and burial they deserve.
Get in Touch With Caring Funeral Home Negligence Attorneys
You place an enormous amount of trust in the funeral home you choose for your loved one. When mistakes are made, it can lead to expensive consequences and extra mental anguish.
Illinois law allows family members to seek compensation if their loved one was the victim of negligence while in their care. Proving negligence isn’t always easy, but a successful claim can provide you and your family with the compensation you need for a proper funeral procession.
Rosenfeld Injury Lawyers help families seek justice and compensation following funeral home negligence. We offer legal services on a contingency fee basis, which means you don’t pay anything unless our law firm wins your case. Our legal team is here to guide you during this difficult time.
Call us today at (888) 424-5757 or fill out our online form to have one of our funeral home abuse lawyers contact you.
Resources: [1] National Funeral Directors Association
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