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Cremation Without Consent And Wrongful Cremation


The passing of a loved one is never easy for those left behind. Grief can become consuming as you sweep through emotions from loss to sadness. Unfortunately, at these times, we tend to remember disagreements and challenges that can increase feelings of guilt rather than all the good times that might intensify our pain.

Then there is the necessity to handle final arrangements and the funeral home’s services for your loved one. These tasks are the last thing you want to deal with, but they are vital and time-sensitive. So you try your best to select a funeral home that you believe will treat your loved one’s body respectfully and provide the level of professionalism and empathy you need. And deliver the guidance to get you through all the questions and selections necessary to complete a funeral, life of celebration, wake, or any other traditions that will help your family begin to heal after this devastating loss.

The first question you need to answer could be the simplest or the most challenging, depending on how well your loved one expressed their last requests. If you follow their plan, you can simply let the funeral director know if a service, burial, or cremation will be needed. However, if this was not a topic of discussion, you could feel as if you are alone on an island making a huge decision. The added stress is not welcome at this painful time. But the questions need to be answered so the body can be appropriately processed and embalmed for a funeral or prepped for cremation, with or without a service. Mercifully, the rest of your selections are less taxing than this significant choice.

Many families prefer to gather and have one last moment to say goodbye and support one another with a viewing and memorial service. And as the one making the arrangements, you will likely arrive just a bit early to ensure everything is ready for your loved ones to bid a final farewell to your family member. And nothing could be more upsetting when you arrive than discovering that the funeral home has made the ultimate mistake. Your loved one was cremated without your consent, and there is no way to correct the negligent error.

If you have endured such a shocking and unforgivable moment, the team at DTLA Law Group is here to provide the answers and support you need to protect the rights and dignity of your deceased family member. We understand that you are confused, angry, and still grief-stricken over your loss. But we also know you need to understand your rights under the law to ensure you and your loved ones see that justice is served on behalf of the deceased.

What Is California Funeral Home Negligence?

As with any business, a funeral home is expected to provide services in accordance with industry standards and the laws of California governing funeral homes. Legally, this standard is called duty of care, and in the case of funeral home services, it covers the care and respect with which a deceased is handled, from transportation to embalming and placement in the casket. The duty of care extends beyond the funeral director to all employees. When anyone fails to meet the industry standard level of care, they are negligent and in breach of duty.

In addition to the level of care when handling a body, duty of care includes following the requests and agreements made with family members. For example, in the case of a wrongful cremation of a body that was to be embalmed and buried, there is a mistake or negligence involved. The funeral director breached your agreement for the final arrangements for your loved one and can be held accountable.

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The Scope Of Wrongful Cremation

In its most simplified terms, cremating a body that was intended for burial is wrongful cremation. However, other acts of negligence can be almost as upsetting to the deceased’s loved ones, including:

  • Cremation of the wrong body at a service, you could witness someone else being cremated rather than your loved one
  • Mixing the remains of two or more deceased
  • Giving the wrong remains to a family
  • Cremation of your loved one’s body before your service or final viewing to say goodbye

A funeral is always a difficult time, even when all of the arrangements are followed to the letter, So when there are mistakes made or your loved one’s last wishes are not followed, the event is even more upsetting and unsettling. If your loved one has suffered this final injustice, please do not hesitate to contact the DTLA Law Group for a free consultation. Our wrongful cremation lawyers will answer your questions and help you decide if you are ready to proceed with the cremation without consent lawsuit.

Added Injustice To Be Corrected

Unfortunately, not all wrongful cremations are honest mistakes. Sadly, there have been cases of a funeral home cremating a body without consent to hide even worse injustices. If you believe your loved one’s body was mistreated, neglected, or disfigured in any way and then wrongfully cremated, please contact DTLA Law Group immediately. Our expert cremation without consent lawyers have the experience to seek full compensation for your losses and the indignity inflicted on your loved one’s body. In these cases, we often seek punitive damages and request that the state review the funeral home’s licensing and consider revoking it. Not only do we want to seek justice and peace for your loved one, but we also want to protect other grieving families from the horror you have experienced when simply trying to inter your loved one in their final resting place.

The Potential Value Of Your Wrongful Cremation Lawsuit

Your DTLA Law Group wrongful cremation lawyer will help you understand all the expenses that can be used to determine the value of your lawsuit. There is no preset amount for a wrongful cremation case or any other lawsuit because each case is unique. Some of the expenses that could be included in your settlement request amount include:

  • Any cost you paid as a result of the funeral home’s negligence
  • Compensation for your pain and suffering
  • Your legal fees for representation and the lawsuit
  • In the case of gross negligence, international harm, or fraud, punitive damages are included

The Time Required To Settle A Wrongful Cremation Lawsuit

Unfortunately, there is no way for your DTLA team to provide you with a precise timeline for the completion of a wrongful cremation lawsuit. Many variables cannot be predicted, such as the court system’s caseload, the defendant’s pushback, and the documentation-gathering process. However, we can pledge never to stop diligently working on your case until we have secured the full and fair settlement that you and your deceased loved one deserve.

In addition, it is crucial that you understand the Statute of Limitations for any negligence case in California. The bereaved family of a wrongfully cremated loved one has two years from the date of the incident to file a claim against the funeral home. If you do not seek legal representation within that timeframe and file a case, you will lose any legal right to seek compensation.

We Work For Free Until We Succeed

At DTLA Law Group, we understand that our clients face some of the most challenging days when they turn to us for legal guidance. With that in mind, we provide our services with no upfront payment required. Instead, we work for free until we secure a settlement or verdict in your favor. And if we don’t do our job, then we don’t get paid. This strategy demonstrates to our clients how dedicated we are to seeking justice for them and our level of confidence in our team to win every case we handle. It also allows our clients to enjoy the highest quality legal representation without the added stress of figuring out how to pay another bill in their time of anxiety and grief. So please get in touch with us today for a free consultation and to understand your right to file a negligence lawsuit on behalf of your lost loved one.

Transparent Evaluations For Free

We know that not all law firms are as skilled as our staff, nor can they handle many of the cases we welcome. So if you have been told that your family does not have grounds for a wrongful cremation case, don’t hesitate to contact our office today. We will gladly evaluate the situation surrounding the cremation of your loved one. Then we will tell you how we would move forward. If there are grounds to sue the funeral home, we will explain them to you and offer to take your case with no upfront fees. And as with any issue we handle, we will not get paid unless we get you paid first. So contact our office today and know that we will never stop fighting for the rights of your family and your lost loved one.

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