When a family member passes away, emotions are already running high. The last thing you expect is the funeral home to mistreat your deceased family member. Unfortunately, negligence in funeral homes happens.
If the funeral home abused or neglected their duties, you could have a valid funeral home lawsuit case. If your family has suffered because of a negligent funeral home in Alabama, contact the Birmingham personal injury lawyers at Fob James Law Firm.
Types of Funeral Home Negligence Cases
Most cases involving funeral home negligence fall into one of the following categories:
- Incompetent employees and honest mistakes,
- Fraud and theft, or
- Sexual perversion.
Funeral homes can be held responsible for negligence when they provide a substandard level of care. If the staff failed to reasonably and adequately conduct the services your family contracted them for, you have the right to pursue a claim for damages.
Examples of nursing home negligence include:
- Mishandling the remains, including improper storage or transport, dropping the body, and failure to identify;
- Cremation errors such as combining remains with another or not presenting the right remains to the family;
- Embalming errors that result in disfigurement or decomposition;
- Theft, such as robbing the corpse;
- Fraud, such as the funeral home overcharging for services and caskets or selling previously used caskets;
- Using substandard products such as a broken or defective casket; or
- Sexual abuse of the corpse.
If a funeral home acted negligently, please contact the Fob James Law Firm to discuss the best course of legal action.
Who Can Sue a Funeral Home in Alabama?
Alabama courts will allow family members who have knowledge of the negligence to pursue compensation. Each case is different, but possible parties in lawsuits against funeral homes include:
- Surviving spouse,
- Surviving children, and
- Surviving parents.
If the deceased had none of the above, then others in the deceased’s line of succession may be able to make a claim.
Potential Damages in a Funeral Home Negligence Case
Compensation in a funeral negligence case will vary based on the facts of your case. Your family could be eligible to receive compensation for damages such as funeral expenses and emotional distress.
When you meet with our office, we will review your case and let you know the potential value of your claim.
However, before you receive any money in a funeral home negligence case, we must prove liability against the defendants. Proving negligence starts with showing that the funeral home owed you some duty and that they breached that duty. If you hired them to handle your loved one’s funeral, proving the home owed you a duty is pretty straightforward.
We must show they were negligent and their actions directly related to the harm your family suffered. The last element of negligence is damages, which are the financial losses you incurred due to the funeral home’s negligent behavior.
If we can prove their actions were intentional, your family may be eligible for punitive damages in some cases. These damages are designed to “punish” the defendants to set an example and discourage them from engaging in similar behavior in the future.
Contact an Alabama Funeral Home Negligence Attorney
If you believe a funeral home is guilty of negligent behavior toward your deceased family member, let our skilled legal team help. We have years of experience litigating complex personal injury cases and work tirelessly to protect your rights. Contact the Fob James Law Firm today to learn how we can help.