Improper Handling Of A Dead Body Lawsuit

When you suffer the loss of a loved one, the simplest of choices can feel difficult, and making the final arrangement for that person can appear an impossible task. In these times of sorrow and grief, most people turn to a trusted funeral home or mortuary for help in making all the selections and preparing for the viewing, service, and burial of their dearly departed. In these times of crisis, many rely on the professional guidance of the funeral director and their staff to assist them in fulfilling their loved one’s last wishes and meeting the requirements of the state for burial.

It is shocking to many people the number of choices that must be made and the documentation that requires attention at these difficult times. But they do their best and entrust the funeral home with the care and preparation of their loved one for this final journey to their gravesite. In most cases, this process runs as smoothly as could be expected, and the staff at the funeral home meet the requests and expectations of the deceased and their loved ones. However, in a small number of cases, the unthinkable happens, and the funeral home is suspected of improper handling of a dead body.

If you or your loved ones have recently faced this challenging and very upsetting situation, please know that the caring and dedicated team at Normandie Law Firm is here to help. Our staff can be reached 24/7 to answer your immediate questions if you feel your loved one’s body was improperly handled by the funeral home preparing them for burial. Our expert will help you understand what is considered improper handling of a dead body in the state of California and what action you can take to correct any issues in the processing of your loved one for burial.

In addition, we hope that in the coming days, you will accept our offer for a free consultation to meet with a Normandie Law Firm improper handling of a dead body lawyer to discuss the facts of the incident and determine if you have grounds for a lawsuit. Once you have this valuable information and know your case has legal merit, the choices are all yours. But please know that you are never obligated to take legal action or hire Normandie Law Firm, even if you decide to file an improper handling of a dead body lawsuit. All we ask is that you reach out to our exceptional team as soon as possible, as there is a time limit for filing your claim with the court.

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Indications Of Misconduct or Improper Handling Of A Dead Body
Most families find it very difficult to make that first long walk to the casket to view their lost loved one. It takes time to come to terms with their loss, and seeing their body for the first time forces you to accept that they are really gone. However, this difficult moment can feel even more impossible to handle when you notice problems that could make you believe your loved one’s body was mishandled, such as these issues:

• There is a distinct foul odor to the body, likely because it was improperly embalmed or was not correctly cleaned
• The body does not look like your loved one as the preparations are not what you had discussed and agreed upon with the funeral director, such as issues with the makeup, facial features, and positioning of the body
• The body was damaged during the burial preparation, and the funeral home staff tells you they cannot provide an open casket viewing for mourners because of the deformities or damage to your loved one’s body
• The casket falls from the stand during the viewing, service, or transportation, and your loved one is dumped out of the casket

These are all signs that something is not right, and you might need to investigate further. In the worst cases of mishandling a dead body, the family finds that the body could have been mutilated to facilitate the selling of body parts, or other dead bodies are hidden within the casket of their loved one. If you suspect there has been any mishandling of your loved one’s body, please reach out to Normandie Law Firm immediately to learn more about how to prevent further harm and hold the funeral home accountable for these unspeakable acts.

What Is California Funeral Home Negligence?
The state has specific laws and regulations governing the services of funeral homes and mortuaries. These businesses must abide by all laws and the industry standards that are the basis for many of the requirements. Funeral home staff, from the funeral director to the drivers and office staff, must comply with all laws and expectations of the state to ensure they are not deemed negligent in their duty of care because they failed to meet these criteria:

• Respectful and ethical care of the dead body
• Proper cleansing and embalming of the body
• Careful transportation and handling of the dead body
• Compliance with all industry standards for handling a dead body

Meeting the requests and final arrangements included in the contract for the preparation of the deceased

If the staff at the funeral home failed to meet their legal obligation to the family for the care of their deceased loved one, the family could have grounds for an improper handling of a dead body lawsuit. Please get in touch with Normandie Law Firm today to learn more about these responsibilities and how to hold the mortuary or funeral home accountable if they failed to meet their legal obligation.

Who Can Sue A Funeral Home For Improper Handling Of A Dead Body?
It is critical to understand that the person who made the arrangements with the funeral home is not the only one who can file a lawsuit for improper handling of a dead body. If there are concerns about the way your loved one was treated, any of the following family members can pursue legal action against the offending funeral home or mortuary:

• The surviving spouse of the deceased
• The deceased biological child
• The deceased surviving parent
• Adult siblings of the deceased
• A competent adult relative in the next level of kinship, such as an aunt, uncle, or cousin

How Much Is The Compensation For An Improper Handling Of A Dead Body Lawsuit
It is crucial to understand that the compensation amount for lawsuits is based primarily on the losses and expenses incurred by the victim. There are no predetermined compensation amounts for various lawsuits. And while no amount of money will bring back your loved one or erase the memories of the harm that might have been inflicted on their body due to improper handling by the funeral home, the money can help you and your family overcome the financial hardships this situation could have created. The items typically included in the compensation for such a lawsuit include:

• Any expenses from another mortuary or funeral home to correct the improper handling of your loved one’s body
• Some or all of the fees paid to the funeral home who was negligent in its duty of care
• Your lost income if you missed work to handle correcting any issues created by the negligent funeral home
• Your medical expenses if the negligence of the funeral home caused you to suffer physical or emotional illness that required treatment or therapy
• Any legal expenses related to the improper handling of a dead body lawsuit
• In cases involving gross negligence, such as selling body parts or burying more than one body in your loved one’s casket, you can seek punitive damages for the intentional fraud committed by the funeral home or mortuary

How Long Do I Have To Take Legal Action?
Please know that you can reach out to the Normandie Law Firm as soon as you face questions regarding the improper handling of a dead body. Our staff is ready to help 24/7 to ensure you have the legal guidance you need as swiftly as possible. You should also understand that you will have two years from the date of the incident involving the mishandling of your deceased loved one’s body to file a lawsuit with the court. If the case is not filed within two years, you will lose the right to seek compensation and justice for your loved one and family.

No Added Stress From Upfront Legal Fees
When you work with Normandie Law Firm, our firm never wants to add to your stress and worries by charging upfront legal fees or expenses to begin handling your legal matter. Instead, we only get paid for our work once the case is resolved. At that point, you will have the compensation needed to cover your legal expenses and services. This simple payment policy ensures that all families facing the unthinkable pain of mishandling a loved one’s dead body can get the help and services they need.

Finally, if the compassionate Normandie Law Firm team fails to win your improper handling of a dead body lawsuit, you owe the firm nothing for its investment in preparing, filing, and litigating your case. Please know that we are here to help bring closure and peace to this painful and possibly costly issue. Our team is ready to step up and help around the clock to ensure that you get the care and services needed to respectfully lay your loved one to rest as quickly as possible. Please reach out today and know you are not alone in facing this unspeakable situation.

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