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When Can I File An Improper Handling Of A Dead Body Lawsuit?


When Can I File An Improper Handling Of A Dead Body Lawsuit lawyer attorney compensation

Facing the deal of a loved one is a painful and traumatic event. However, the weight of this challenging time can be more overwhelming for the person tasked with tending to the final arrangements for their loved one. In these cases, the person often feels a significant obligation to ensure that the deceased’s wishes are met and that everything is as perfect as possible for the mourners who will come to say their last goodbyes. Sadly, these family members also often discover that there are what appear to be countless decisions to be made regarding everything from the time of the service to the color of flowers and other details. All the questions and selections can make the process feel unbearable. Fortunately, many of these people have a trusted funeral home or mortuary to assist them.

Families often return to the same funeral home or mortuary for all family burials because they have formed a bond and sense of trust with the funeral director at the facility. That relationship often helps to make the process of planning and completing the final wishes of their loved one a bit less stressful. However, not everyone has a funeral home they are familiar with to aid them in this time of difficulty. So they use a local service and hope their requests will be met. However, in some cases, they return to the facility for the viewing of their loved one only to find that the funeral home did not meet their obligations under the agreed-upon contract.

If you or a family member has faced issues regarding what is considered funeral home negligence, please know that you do not need to handle these issues alone. The skilled team at DTLA Law Group is just a call away to provide expert legal guidance and services. Our office team can be reached 24/7 to answer your time-sensitive questions and help you understand your rights. In addition, we hope you will book a free consultation with a seasoned DTLA Law Group lawyer with decades of expertise in resolving improper handling of dead body lawsuits.

After sharing the details of the incident with our legal experts, they will explain the legal merit of your claim and if you have grounds for an improper handling of a dead body lawsuit. Then, the choice to take action is up to you and other family members. Our staff will never pressure you into filing a lawsuit against the funeral home or mortuary, and you are not obligated to hire DTLA Law Group, even if you are pursuing legal action. But please do contact our office as quickly as possible, as there is a time limit for you to take legal action if that is the option you feel best meets your needs.

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What Are The Signs Of Mishandling A Dead Body?

Most family members give little thought to the job of the funeral home staff when they are preparing a loved one for burial. It is simply easier not to think about the somewhat invasive manner the process is completed. Most people will simply hope that their deceased loved one looks at peace and is presentable for the viewing and funeral service. However, in some cases, you will know immediately as you approach the casket that there were issues with the process. Some of the common indications of mistreatment of your loved one’s body include:

  • A strong odor or stench from the body because it was not appropriately cleaned or embalmed correctly
  • The face of your loved one does not look normal or like you remember them – in some cases, the makeup and facial work is so poor that you do not recognize your loved one
  • You are told by the funeral home staff that there was damage to the head, face, or body, and an open casket viewing is not possible

These are all indications of poor service and possible negligence or fraud on the part of the funeral home. In some cases, the body was not damaged while embalming but instead was mutilated to sell body parts. Other funeral homes have been caught selling the entire body or burying other body parts in the casket. All of these are reasons to begin legal action against the funeral home, such as dropping the casket during transportation and having your loved one’s body dumped on the ground.

If you feel that the funeral home you contracted with to prepare your loved one for burial did not meet their legal obligation to you and your loved ones, please contact DTLA Law Group today to learn more about holding the facility accountable and securing any compensation owed to you.

Are There California Laws That Apply To Funeral Homes?

State laws govern many industries, including the services provided by funeral homes and mortuaries. Many of the laws and guidelines are in place for health and safety purposes. However, some are to ensure that the facility is operated using the industry standards and best practices that industry leaders have established. All funeral homes are expected to:

  • Provide proper cleansing and embalming of dead bodies
  • Dead bodies must be transported with respect and care
  • Ethical treatment and care must be provided for all dead bodies
  • Compliance with all state and local laws governing the industry

Family members should also understand that the requirements of the funeral home extend to cover all special requests made by the deceased or their family that are included in the services defined in the contract between the funeral home and the deceased’s family. If the funeral home fails to meet any of these obligations, they can be deemed negligent in their duty of care, and the family could have grounds for an improper handling of a dead body lawsuit. Please reach out to DTLA Law Group today if you feel this applies to your deceased loved one.

Who Can Sue A Funeral Home For Improper Handling Of A Dead Body?

Typically, the person working with the funeral home will best know when the obligations of the funeral home have not been met. However, other family members are legally permitted to file a negligence lawsuit against a funeral home or mortuary. The persons who would qualify to take this legal action include:

  • The surviving spouse of the deceased
  • Any surviving children of the deceased
  • The surviving parents of the deceased
  • Any adult siblings of the deceased
  • Any adult relative who shares the next level of kinship with the deceased, such as an aunt, uncle, or cousin
What Is The Average Compensation Awarded For An Improper Handling Of A Dead Body Lawsuit?

Families must know that there are no pre-established dollar amounts awarded for negligence on the part of the funeral home. Instead, the amount awarded for each lawsuit is carefully determined by working with the family to establish all the actual allowable expenses they incurred due to the funeral home’s negligence. Some of the more common costs used to calculate the compensation amount of these cases are:

  • The legal fees and expenses for the mishandling of a dead body lawsuit
  • Some or all of the fees paid to the negligent funeral home
  • Fees paid to another funeral home to complete the processing and burial of your loved one
  • Your lost income if you missed work to attend meetings and work through  correcting the issues and meeting with your legal team
  • Any medical expenses incurred if you or other loved ones suffered physical or emotional health crisis due to the stress of the funeral home negligence that required treatment or therapy
  • In cases involving fraud or gross negligence, such as selling body parts, it is possible to seek added compensation in the form of punitive damages
When Can I File An Improper Handling Of A Dead Body Lawsuit lawyer attorney compensation
How Long Do I Have To File An Improper Handling Of A Dead Boy Lawsuit?

The family of the deceased has two years from the date of the incident to file a claim against the funeral home. The case must be in the hands of the court at that time, or the loved ones lose the right to seek compensation and justice for these unspeakable acts. It is also crucial to note that there are minimal exceptions to this time limit. Please contact DTLA Law Group today to discuss the facts of your case and time remaining to take legal action.

No added Stress From Upfront Legal Fees

When you and your family work with DTLA Law Group, you will be relieved to confirm that we never charge any upfront legal fees or expenses. Instead, we handle any case with legal merit and never get paid until the case is resolved. This simple and client-friendly payment policy ensures that all families can get the legal help they need without fear of how to pay expenses out of pocket.

Finally, if our legal experts fail to win your funeral home negligence lawsuit and deliver the compensation you need to cover your legal costs, you owe DTLA Law Group nothing for our work and financial investment in preparing, filing, and litigating the case. Please make time today to reach out to the staff at DTLA Law Group to learn more about our service. We hope that you will find comfort in knowing that our staff will work diligently to secure justice for you, your family, and your deceased loved one. The team can be reached at any hour of the day or night and is reachable to provide the answers and peace of mind you need at this most challenging time.


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