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Can A Funeral Home Be Sued For Mishandling A Deceased Loved One?


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After suffering the loss of a loved one, it can be challenging to make even the most mundane decisions. You feel the weight of the world on your shoulders as you try to ensure that you are meeting all of the deceased last wishes while being as respectful and loving as possible. We often think that planning a funeral is the last time we will be able to show our love and respect for our lost loved one, and we want everything to be perfect. But knowing what is ideal or even appropriate can be difficult. Fortunately, most people find comfort in the guidance and services provided by a funeral director or mortician during these times of great pain.

As the experts in funerals and burials, the staff at a funeral home bears a heavy burden when it comes to carefully assisting the emotional loved ones of the deceased in planning the service and selecting the items needed, such as the casket, vault, and flowers. These are the items that are typically easy to discuss. When the time comes to discuss the preparation, the discussion can become painful and challenging. Most families are happy to use general terms like preparing the body to avoid the agonizing thoughts of the actual process. Most funeral directors are willing to move past the details quickly to eliminate as much trauma as possible for the family members.

Usually, the funeral goes as expected, and the family gets the necessary closure. However, on rare occasions, they discover issues with the services offered by the funeral home as soon as they arrive for the service or viewing. Nothing is more upsetting than feeling that your deceased loved one was mistreated or that the funeral home was negligent in its duty to prepare the deceased for burial.

If you and your family have suffered this injustice, you are sure to wonder, can you sue a funeral home for mishandling a deceased loved one? And in many cases, the answer is yes. There are specific laws and guidelines a funeral home or mortuary must follow when preparing the deceased for burial. As a loved one who is facing this awful dilemma, please know that DTLA Law Group is here to help you sort out any issues with the care your deceased loved one has received. Our staff can be reached around the clock, so you can call our office as soon as you feel that negligence has occurred. Our experts will immediately provide the information you need to try to resolve any issues that can be corrected so that you and your loved ones can say a proper goodbye to the one you lost.

We also hope you will make time shortly for a free consultation with a seasoned funeral home negligence attorney at DTLA Law Group. After sharing the details of the incident with our expert, they will help you better understand the merit of your claim, your right to file a lawsuit, and the options available to you to pursue action against the funeral home or mortuary that mistreated your deceased loved one. But please reach out to our staff at your earliest opportunity, as there is a time limit for you to file a lawsuit to seek compensation and justice for any mistreatment inflicted on your deceased loved one and your other family members.

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What Is Considered Mishandling Of The Deceased?

It sounds odd to even consider that anyone could or would mishandle the deceased body of a person. However, there are many ways that a less-than-reputable funeral home or funeral director can desecrate a body. Sadly, many families never have any idea of the acts that were performed on their loved one or the cash the funeral home could be making by selling body parts, burying additional bodies in the same casket as their loved one, or selling the entire body after the viewing service has been completed. But these are the most extreme cases and ones that are rarely discovered. You are much more likely to find that the funeral home has mishandled your loved one because of these issues:

  • There is a significant bad odor to the body due to improper cleaning or embalming
  • The body was poorly or improperly prepared and does not look like your loved one or resemble what the funeral home stated they would provide
  • The body was damaged beyond concealment and is unable to be viewed by mourners
  • The casket falls from the stand or is dropped when it is being moved, and your loved one is dumped from the casket

If you and your loved ones have suffered any of these unthinkable incidents related to the care or funeral of a loved one, please know that you could have grounds for a lawsuit to hold the funeral home accountable and secure compensation for the added stress, pain, and losses you incurred. Contact the experts at DTLA Law Group to discuss these issues with a skilled funeral home negligence attorney at your earliest opportunity.

Understanding A Funeral Home’s Obligation To Meet Duty Of Care

In California, specific laws govern the processes and services provided by a funeral home. The laws typically relate to health and safety codes as well as the requirement to meet all industry standard practices when handling the deceased. All employees of a funeral home or mortuary must follow the guidelines of the best practices of the industry and laws governing the business, or the company can face being deemed negligent in its duty of care. These standards include:

  • Proper care and embalming of the deceased
  • Ethical and respectful treatment of the body
  • Careful and proper transportation of the deceased’s body
  • Adherence to all standards of the business, including any agreements or requests between the family and funeral director that are included in the contract for services

If you feel that a funeral home has disrespected the body of your deceased loved one, or there was negligence on their part when preparing the body for burial, please reach out to DTLA Law Group immediately. Our staff can be reached 24/7 to assist you in correcting any issues in the preparation of your loved one’s body or the right to seek services from another funeral director.

Who Can File A Lawsuit Against A Funeral Home?

The thought of filing a lawsuit against a funeral home for mistreating your deceased loved one is undoubtedly unpleasant. However, if you have been forced to seek other service providers or feel that you paid for services you did not receive, it is reasonable to choose to take legal action against the funeral director or funeral home. In California, the following family members have the right to file a lawsuit for funeral home negligence or mistreating a body:

  • The deceased’s surviving spouse
  • The child of the deceased
  • The surviving parent of the deceased
  • An adult sibling of the deceased
  • A competent adult who is in the next level of kinship, such as a cousin, aunt, or uncle
What Compensation Can Be Sought Via A Funeral Home Negligence Lawsuit?

While no amount of money can correct the issues that occurred or wipe the result of mishandling your loved one’s body from your mind, the money can help overcome the hardships of additional funeral expenses due to funeral home negligence. In most cases, the common items that can be included in calculating the compensation sought via a lawsuit for mishandling a body or funeral home negligence include:

  • The cost of services from another funeral home to properly prepare your loved one for burial
  • Some or all of the amount paid to the funeral home that failed to prepare your loved one for burial correctly
  • Your lost income if the negligence of the funeral home caused you to miss work to handle these matters
  • Your medical expenses if the stress of the mishandling of your loved one resulted in physical or emotional harm that required treatment or therapy
  • All costs associated with your lawsuit against the funeral home
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How Long Do I Have To File A Lawsuit?

The family of a deceased loved one who was mishandled by a funeral home has two years from the date of the incident to file a lawsuit with the court. If the case is not filed in that time, the family loses the right to seek compensation and justice for their loved one. It is also critical to know that there are minimal exceptions to this time limit, so please contact DTLA Law Group at your earliest opportunity to discuss the case and the time remaining to file a lawsuit against the funeral home or mortuary.

No Added Stress From Upfront Legal Fees

When you work with DTLA Law Group, our team understands the stress and pain you feel due to the loss of a loved one and the mistreatment of their body as it was prepared for burial. Our goal is to work diligently to help you right that wrong. We are ready to handle any case with legal merit and never ask for any payment until after the case is resolved. This simple process ensures that you never need to worry about how to cover the cost of legal expenses to get justice for your loved one. Finally, if we fail to win your case and deliver the compensation needed to cover your legal costs, you owe DTLA Law Group nothing. Please contact our compassionate staff today so we can assist you in resolving this painful legal matter.


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