Funeral homes are entrusted with the sacred duty of taking care of a loved one’s remains. When someone is properly honored with care and respect, family members can work through their grief and move forward with their lives. However, mistakes and intentional acts by a funeral home can cause immeasurable suffering to the ones left behind. We must hold funeral home operators responsible for their negligence and ensure that those loved ones are properly compensated for their losses.
If a funeral home or mortuary has betrayed your trust, please give us a call to find out about your rights and legal options. Monetary compensation can never replace the trauma you’re going through. But it can be of help to hold the funeral home responsible and obtain justice through the civil courts. The lawyers of Normandie will guide you through this process and bring you the compensation you deserve as a victim of funeral home negligence.
Examples of Funeral Home Negligence
Negligence by a funeral home can take place in many ways. Common examples of funeral home negligence include:
- Loss of remains
- Misplacing / mishandling the body
- Improper storage of the body (resulting in disease or decay)
- Cremating the wrong body
- Mixing cremated ashes from different individuals
- Putting the wrong body in the casket / coffin
- Theft of jewelry, gold teeth, and other valuables from the decedent
- Mutilating or disfiguring the body
- Improper or inadequate embalming practices
- Putting multiples bodies in one coffin
- Placing the decedent in the wrong grave
- Burying other bodies in your loved one’s grave
- Sexual abuse of the corpse
Another problem we’re seeing in greater numbers is funeral homes failing to transport bodies to far away locations in a timely manner. For example, many families in California want to bury their loved ones in the country of their origin. They pay funeral homes to make the needed arrangements, but month after month, their loved one remains in the U.S. If you are in this situation, or have experienced any of the abuse we’ve mentioned above, please speak with one of our funeral home injury lawyers right away.
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Proving a Case of Funeral Home Abuse / Negligence
To file a lawsuit against a funeral home or mortuary, you will need to prove that they are liable for the harm that was done to your loved one. There are 4 factors that we examine in order to determine a funeral home’s liability:
- The funeral home breached their duty of care to treat your loved one with dignity and respect.
- The mortuary or funeral home breached that duty through negligence or intentional conduct. As a result, they caused harm to you and/or your loved one.
- There is a clear and direct link between the funeral home’s actions and the funeral home abuse that you and/or your loved one suffered.
- The funeral home negligence resulted in financial / emotional hardship for you and your family.
Proving these elements is harder than most people realize. A thorough investigation is required in most cases, especially when criminal acts such as sexual abuse of a corpse are involved. In that case, you may file a complaint with the California Cemetery and Funeral Bureau in order to open up a criminal investigation. Our lawyers can assist you with filing a complaint, which will allow you to pursue criminal charges as well as a lawsuit for monetary compensation.
Compensation in a Case of Funeral Home Negligence
The damages you can recover depend on the injuries committed against you and your loved one. In general, here are some common losses we can recover in a funeral home negligence lawsuit:
- Emotional trauma
- Counseling to deal with mental health issues
- Loss of enjoyment of life / reduced quality of life
- Funeral expenses
Other damages may be available to you, which is why you should contact us right away. The decision to file a claim is entirely up to you, but there is a time limit on how long you have to file a lawsuit. Don’t wait to find out about your rights as a funeral home injury victim. Call Normandie Law Firm and speak with a funeral home negligence attorney.
Statute of Limitations for a Funeral Home Injury Lawsuit
Statute of limitations refers to the amount of time you have to file a lawsuit. In the case of funeral home negligence, you have two years from the date of the incident to file a claim for monetary damages. In other words, the two year period starts from the day you discovered an incident of funeral home abuse or neglect. Exceptions may be granted in some cases, which you can learn about from one of our knowledgeable attorneys.
We know it’s hard to think about legal actions when you’re struggling with the harm that was done to your family. But it’s essential to speak with a lawyer and ensure that your claim is filed in a timely manner. Please give us a call to discuss your legal rights and the best course of action for resolving your trauma.
Normandie Law Firm is Here for You
The death of a family member or loved one is hard enough on its own, but it’s even worse when you’re robbed of the dignity and respect you deserve from a funeral home. When it comes to a person’s remains, any mistake or error, even unintentional ones, have to be accounted for. The lawyers of Normandie can fight for your rights and bring you the settlement you’re entitled to.
We treat injury victims like family, and want to make sure that you are never burdened by legal fees during the course of your lawsuit. Under our Zero fee guarantee, there are no upfront costs for any of our services. We recover our payment once you receive your settlement award, and if we fail to win your case, you owe us nothing at all. To learn more about your legal options as a victim of funeral home negligence, please schedule a free consultation with one of our attorneys.
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