Losing a family member is a horrible tragedy. In your time of grief, the last thing you imagine happening is the funeral home mistreating your loved one’s remains.
When choosing a company, you expect that they will treat your deceased family member with respect and professional care. Sadly, not all funeral homes are as responsible and trustworthy as we assume.
If a business mishandled your family member’s remains, you could have a claim against them. To learn more about funeral home lawsuit settlements, speak with the experienced funeral lawyers at Fob James Law Firm.
Common Types of Funeral Home Negligence
Funeral home negligence can take many forms. Some of the most common causes of action in funeral home lawsuit cases include the following:
- Not embalming a body properly;
- Burying the wrong body;
- Not correctly tending to the gravesite, which results in vandalism;
- Overcharging for procedures and services;
- Cremating the wrong body;
- Transporting the wrong body;
- Dropping the deceased’s body;
- Providing the incorrect cremated remains to a family;
- Putting multiple bodies in a coffin;
- Using substandard products, such as a defective coffin;
- Stealing personal property, just as gold fillings or jewelry from a body; or
- Harvesting organs from the remains to sell.
Unfortunately, it’s not uncommon for funeral homes to engage in multiple acts of negligence. Regardless of the allegations, any one of these acts is unacceptable.
Your family is already going through enough without dealing with the knowledge that you buried the wrong body or received the wrong ashes.
While filing a lawsuit against the home won’t fix the damage, your family deserves justice. In addition, your case may keep another family from experiencing the same trauma.
Types of Potential Damages in Funeral Home Lawsuit Settlements
There are two main types of compensation in funeral home lawsuit cases. The first is compensatory damages.
This compensation reimburses you for any out-of-pocket expenses you incurred due to the defendant’s negligence.
To have a valid claim against the nursing home, you need to prove they were negligent and that your family suffered financial losses.
The second type of compensation is limited to specific cases only. If you can show the funeral home’s actions were intentional, you could be eligible to receive punitive damages.
Court’s reserve punitive damages for cases involving fraud and other intentional acts, such as stealing from the body or harvesting organs.
When a judge issues a punitive damages award, it is to punish the defendants. They want to set an example on what not to do and discourage the offenders from engaging in similar behavior in the future.
Contact Our Funeral Lawyers
Proving negligence in a case against a funeral home is complicated. You need a skilled legal advocate on your side.
You and your family are grieving and dealing with more than enough. You should not be worrying about how to prove a claim against the funeral home too.
Our funeral lawyers at Fob James Law Firm have years of experience handling personal injury claims, such as funeral home lawsuit cases.
Contact our office today to schedule an appointment to learn how we can help.
Fob James
Fob James obtained a B.S., in software engineering from Auburn University and then continued his education by getting his J.D. from Vanderbilt University School of Law. After working for a large regional firm for several years where he obtained awards for both individual and corporate clients, Fob found that his passion was fighting for individuals who have been seriously injured or wronged by others. Fob believes that the jury is the great equalizer to the power and influence that large corporations have in society.