The loss of a loved one is devastating. It’s more tragic when the funeral home does not respect the remains. Funeral home negligence is becoming more and more prevalent. Make sure the funeral home you select has a good reputation.
What is Funeral Home Negligence?
Funeral home negligence can be several things. For example, it’s negligent to place the wrong body in a coffin. Further, there have been cases where funeral homes sold body parts. The owners of several funeral homes in New York were recently arrested. The owners worked together in a plot to sell bones and tissue to a medical supply company for profit.
Other instances have been reported where the wrong body was displayed at a wake. Moreover, it’s very negligent to mistakenly cremate a body. Various religions have strong feelings about earth burials. It’s part of a belief system that’s denied to a loved one. Anyone who is a victim should meet with a funeral home negligence lawyer in Pembroke Pines, FL.
Proving Negligence
Any negligence lawsuit must be filed by the deceased’s spouse or surviving children. The lawyer must prove four things in order to have a claim. First, the funeral home must owe the family a duty of care. This is established when the family signs a contract for services. Secondly, a funeral home negligence lawyer in Pembroke Pines, FL proves the contract was breached. Indeed, funeral homes can breach the contract in many ways. The deceased’s belongings should be protected along with the remains.
Next, the breach of contract is something that causes the family pain. For example, the deceased died in a fiery car crash and the remains are disfigured. The family directs the funeral home to keep the casket closed. It would be horrible for the family to see the look on peoples’ faces if they saw the remains. The funeral director would be negligent by mistakenly leaving the coffin open.
Damages
Finally, the lawyer must show the family is owed damages. Damages can be for emotional distress or services that were not completed. Additionally, damages can be received for intentional acts committed by the funeral home. For more information, contact Blaut Weiss Law Group.
