If you have found that a funeral home you recently used did not provide the services that they were contracted to do, you can sue them. This can mean that they went against your wishes when it came to burial, embalmment, or mishandling the deceased's body altogether. There are even instances when the wrong body is given to the wrong family. No matter what the funeral home did to misrepresent you, that misrepresentation can cause serious emotional distress. Here is an overview on suing a funeral home for damages.
Who Can Sue For Damages
Close family members can sue because of negligence caused by a funeral home. This would include family members who had knowledge of the services being contracted to perform. Usually those family members include:
- Spouse
- Surviving child
- Surviving parents
- Anyone who is administrating the deceased's estate
In some cases, courts may only allow someone to sue who can establish they were directly involved in the conduct of the funeral home and the emotional distress that the conduct caused. It's also important to remember that there must have been some type of emotional distress with the funeral home's actions. You'll need to be able to provide proof that you are suffering emotionally because of the action's of the funeral home.
Examples of Funeral Home Abuse
There are a number of acts that can be considered abuse or neglect by a funeral home. The following is a list of common acts, but you should consult with your lawyer before deciding whether or not you want to sue.
- Removing bodily remains. It's important to note that this a felony in some jurisdictions
- Sexual assault
- Mixup during cremation (or wrongfully cremated)
- Mistakes regarding the cemetery
- Misplaced or lost body
- Mistakes made in the mortuary
- Embalming mistakes
- Body parts of the deceased were sold
- The grave site was vandalized
- Fraudulent contracts
- Improper storage of the body
- Buried in wrong location
Depending on the exact nature of the mishandling of the deceased, the funeral home may not only be facing a civil lawsuit, but also be facing criminal charges as well. Not to mention, they will probably see their career end and their business shut down.
Mishandling a deceased's body is certainly a serious matter, and you may be under too much stress or emotional turmoil to fully understand what is going on when you discover the negligence. Your attorney should be able to assist you in determining what you should do regarding your situation.
For more information and advice, contact a law firm such as Attorney Steven N. Long, P.C.
