NO RECOVERY, NO FEE
(855) 339-8879
FREE CONSULTATION
  • Home
  • News
  • Filing a Lawsuit Against Funeral Home Director for Burying Wrong Body

Filing a Lawsuit Against Funeral Home Director for Burying Wrong Body


Filing a Lawsuit Against Funeral Home Director for Burying Wrong BodyThis is a very difficult area of law. In certain cases cemetery or funeral homes  incorrectly bury the wrong body resulting in grievous mental anguish and trauma to the families of the deceased. A key legal question is “are the surviving family members permitted to file a lawsuit for injuries?” Often times before burial a deceased persons remains are improperly handled and the wrong  body is assigned to the surviving families. It is only during the viewing process that the family may become aware of this issue. However, because of the extremely emotional nature of the situation many family members and visitors will not mention anything. In certain cases the mistake is only noticed or brought to the surface as the other party makes notice of the error. At this point bodies are exhumed and traded. As you can imagine this type of ordeal can be painful for the family. Funeral homes are responsible for in these types of cases. Read the following article to better understand your rights.

Psychological Damage to Relatives of the Deceased

Dealing with a such negligence gives rise to substantial psychological trauma. Having to exhume the body of a lost one can cause deep psychological trauma. The viewing period is deeply emotional and therapeutic element of the grieving process. To have a funeral home negligently provide any family the incorrect body has incalculable emotional damage. Most of this damage will be assessed by a qualified expert or psychologist in order to fully understand the extent of your injuries. Courts have allowed for recovery for psychological damage for those who have viewed the body at the time of the funeral. In certain cases recovery for psychological damage will be extended to parties who viewed the body. It is possible under certain circumstances to extend liability, but that is based almost entirely upon the facts. Many claims adjusters will minimize the psychological component of a claim, however this is incorrect. In fact the psychological element of your claim is the most damaging. Witnessing such actions can lead to a lifetime of fear, depression, uncertainty and other emotional issues.

Liability of Funeral Home – Funeral Director Responsibility

Generally a funeral home will be liable for negligence if they mishandled the remains. Negligence is considered a deviation from the standard. A funeral home will be negligent when they did not exercise proper care in the handling of a body. Courts can hold funeral homes to a higher degree of care or a greater duty owed to families. What makes a funeral home negligent? When they fail to implement controls to avoid these types of issues negligence can exist. Failing to have in place certain precautions or failing to properly train staff can hold a funeral home negligent. When dealing with the handling of a body extra precautions and safe guards must be put in place. Failure to incorrectly monitor or protect against these issues will give rise to a negligence claim. If you have been the victim of funeral home negligence or abuse contact a funeral home attorney for more information.

Who Can Recover?

When suing for injuries in funeral negligence case only select family members are permitted to bring a cause of action. This is generally limited to immediate family who is permitted to file suit for injuries sustained as a result of the negligence. Immediate family who viewed the body before the funeral is permitted to file suit for damages. The amount of damages which you may assert depends on a number of factors. This can include your relationship to the deceased and the degree of harm you suffered. In order to know whether you and or your family have a case a full evaluation of the facts is needed. If you want to know whether you have a case it is advised that you seek the opinion of an attorney. Attorneys at the Downtown L.A. Law Group are available to answer your questions at no charge. Our office works entirely on a contingency fee basis, meaning there are no fees charged to you unless we are successful in your case.

Over $350 Million Recovered
for Our Clients

Learn More

YOU Deserve the Best
Free Case Review 24/7
You Don’t Pay unless we win
Call 855.385.2529


  • This field is for validation purposes and should be left unchanged.

By submitting this form, you agree to receive telephone calls and text messages at anytime, which include hours outside of business hours (8:00 am PST – 9:00 pm PST). This is so that we may reach you as soon as possible in order to consult on your potential case.

ultimate guide uber lyft accidents

I had a previous attorney who failed me miserably. I reached to this Law group and it was the best decision I made. Very caring and understanding staff. Recommend this to law group to everyone.”

⋆⋆⋆⋆⋆

Lesley Portillo

Free Case Review 24/7
You Don’t Pay Unless You Win
Call 855.385.2529


  • This field is for validation purposes and should be left unchanged.
By submitting this form, you agree to receive telephone calls and text messages at anytime, which include hours outside of business hours (8:00 am PST – 9:00 pm PST). This is so that we may reach you as soon as possible in order to consult on your potential case.

Address:

4113 Clinton Ave,
Los Angeles, CA 90004
855-339-8879
info@downtownlalaw.com

BAKERSFIELD OFFICE
2005, Eye Street, Suite 4
Bakersfield, CA 93301
661-219-7455

MODESTO OFFICE
3430 Tully Road
Modesto, California 95350
209-353-4493

ORANGE COUNTY OFFICE
2372 Morse Ave.
Irvine, California 92614
949-627-8725

SAN DIEGO OFFICE
01 West Broadway
San Diego, California 92101
619-413-0161

VENTURA OFFICE
701 E Santa Clara St
Ventura, California 95816
805-292-0367

INLAND EMPIRE OFFICE
7121 Magnolia Ave
Riverside, California 92504
909-340-3929

VICTORVILLE OFFICE
13782 Bear Valley Rd.
Victorville, California 92392
760-563-4384

FRESNO OFFICE
5588 N Palm Ave
Fresno, California 93704
559-556-0227

SAN FRANCISCO OFFICE
388 Market St #1300
San Francisco, California 94111
415-362-6079

SACRAMENTO OFFICE
1601 Alhambra Blvd
Sacramento, California 95816
916-931-1965

SAN FRANCISCO OFFICE
1 Sansome St. Suite 3500-11
San Francisco, California 94104
650-651-5006


The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
Follow us
© All Rights Reserved