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Mishandling of Remains Lawsuit | Body Desecration Funeral Claims

Mishandling of Remains Lawsuit | Body Desecration Funeral Claims Special rituals and practices towards the burial of loves ones is a significant element in the grieving process. Unfortunately every year thousands of family members of the deceased suffered grievous emotional trauma from finding out that the bodies of those buried have been mishandled, misplaced, or their graves desecrated. Family members and loved have a right to file civil claims against cemeteries, crematories, and funeral homes who have improperly handled the bodied of the deceased. The most common causes of action against defendants in mishandling of remains cases include
  • Negligence,
  • Intentional infliction of emotional distress,
  • Breach of contract,
  • Fraud
  • Misrepresentation
Under general California common law funeral homes owe a duty provide appropriate and dignified services of the type that bereaved family members would normally anticipate. If you or a loved one have been a victim of cemetery negligence including the improper handling of a body contact our law firm.

Emotional Damage from Mishandling of a Family Members Body During Burial Process

Emotional distress is the often then most significant aspect of a cemetery fraud lawsuit. California court recognize the severe emotional distresses that can be brought upon family members of the deceased who are already bereaved by the death of a loved one. Family members who have the right to file a civil action for cemetery fraud may include
  • The surviving spouse (ie husband and wife)
  • Children of the deceased
  • Surviving parents
  • Adult siblings
  • Competent adult in the next degree of kinship
Common Examples of Mishandling of a Body in Morgues and Cemeteries: There are numerous negligent actions by cemeteries regarding the mishandling of a body. Some common examples are as follows
  • Giving the wrong remains of a loved one after cremation
  • Stealing of a casket after burial or changing a casket to a less expensive one
  • Burying of the wrong body
  • Sale of body parts
  • Placing more than one body in a casket


Upon transporting my husbands body from our home in Chino,CA, we were told that they were going directly to the mortuary! However, after receiving a phone call from mortuary, they either had a accident or near accident that caused my husbands body to be tossed around and claim that there is a dent in his head!!!! This was suppose to take place on a freeway!! If they went directly to the mortuary from our home, there is no freeway needed…just straight up Mountain Ave. approx. 6 miles!! All the freeways run East and West, Mountain Ave runs North and South!!??? I cannot even find the words to express how upsetting this is! We have an appt . for Monday July 6th, 9:00am to finalize the arrangements. I have requested that I have a full written report as to what happen on that day! They have agreed. I have not seen my husband, but I am thinking that I should take a picture???? I requested that they take one and they called back to tell me that they are not allowed by law to take pictures!! Please advise me as to what I can do!! His funeral has been postpone to the do to family being out of town!! I don’t want this to happen to anyone else and feel that they could have protected my husbands body if they just had tie-downs!! Unbelievable!! Thank You for your help in this matter!! Margie Baczek


My mother was improper Barried after 18years she was removed from grave my father could not be barried because my mother was inpropert barried


my loved one had maggots coming out of his mouth and nose, the embalmer came in the room and argued with me that there were no maggots, until he saw them. He left out went and got an mental instrument and a clear solution, wrapped a cotton ball at the end of the metal instrument wet it with the solution. Opened hand smacked my love one who was in the coffin and made his head go backward, then he violently stuck that instrument up his nose until more maggots escaped from his nose and mouth. I need some advice. Thank you


My brother Thomas died in June 2015 and I was his primary and sole heir, My mother and dad had a double burial, my dad used it but my mom didn’t so plot was not used brother died and funeral home showed paper tht brother sold the plot however wasn’t his signature Fureal home said until social security mess up was cleared up(overpayment) they wouldn’t give me my brothers ashes or death certicate, I don’t know where to turn and I saw this so I hope maybe you can tell me what attorney do I need and where in Dallas Texas also I don’t have money after paying all the mess up at social securtity, I wanna put my brother to rest its been 5 years and I just cant go to my death knowing tht his ashes is still in a box somewhere and now after all thease years how do I know its him? please help

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