Full Answer
In the case of wrongful cremation, a funeral home has acted below the traditional standard of care for a funeral home in performing this action. As such, the family of the wrongfully cremated is often entitled to bring a claim for damages, including the cost of cremation and the emotional distress tied to the cremation.
Protect your legal rights and the rights of your loved ones by exploring your legal options in the event of a funeral home mistake. The sensitive nature of these cases can make them challenging to pursue, but I am well-versed in the laws that protect you and your family from this level of negligence.
There are a number of different ways that a funeral home or crematory can succumb to negligence that eventually damages the legacy of your loved one (s). Examples of some of the most egregious types of mistakes made by funeral homes include: Expensive coffins retrieved after burial and switched out for less expensive ones;
Aside from the near total devastation after discovering that your loved one was cremated, the financial repercussions are also large in comparison to funeral expenses. According to the National Funeral Directors Association, the average funeral service and burial costs around $8,000, whereas the average cremation is approximately $6,000.
Under the FTC's Funeral Rule, consumers have the right to get a general price list from a funeral provider when they ask about funeral arrangements. They also have the right to choose the funeral goods and services they want (with some exceptions), and funeral providers must state this right on the general price list.
A division of cremated remains requires the consent of the legally authorized person who approved the cremation or, if the legally authorized person is the decedent, the next legally authorized person pursuant to s. 497.005(43).
Typically when the deceased's body arrives at the funeral home, all personal items, including jewelry, will be removed, inventoried, and placed in a secure location until they can be given to the executor or the family. If the deceased is to be cremated, no metals will be permitted on the body during the process.
Cremation Vs Burial Plus, you have the option of keeping the body in a alternative container instead of a casket. Cremation is a simpler process that also helps save ground space, but it is not so in case of burial. Nevertheless, both are regarded as safe ways of dealing with the dead body.
The person entitled to possession of the body is the person who is under a duty to dispose of the body. A crematorium authority must hand over the ashes to the person who delivered the body for cremation.
In most cases, people are cremated in either a sheet or the clothing they are wearing upon arrival to the crematory. However, most Direct Cremation providers give you and your family the option to fully dress your loved one prior to Direct Cremation.
They cover the legs in a casket because the deceased is not wearing shoes in many cases due to the difficulty of putting them on stiff feet. Also, funeral directors may recommend it to save money, for religious reasons, in the event of trauma, for easier transportation, or with tall bodies.
2:374:06After 10 Years In A Coffin, Here's What Happens To Your Body - YouTubeYouTubeStart of suggested clipEnd of suggested clipWith cartilage bones and hair staying intact much longer than muscles and organs with no coughing orMoreWith cartilage bones and hair staying intact much longer than muscles and organs with no coughing or embalming a body in the ground in nature takes 8 to 10 years to totally decompose.
Unfortunately, there may be no way to guarantee a gravesite will remain undisturbed forever. You can look up local ordinances and find cemeteries that allow graves to be held in perpetuity. But over decades and centuries, the world around us changes. And so do laws and finances.
Who has the right to possess cremation ashes? The right to possess the ashes is likely to be “the executor*, or whoever was at the charge of the funeral” or basically the person who signed the contract with the funeral director.
Quite often the peripheral bones of the hands and feet will not be burned to such a high intensity as those at the centre of the body, where most fat is located.
The Bible neither favors nor forbids the process of cremation. Nevertheless, many Christians believe that their bodies would be ineligible for resurrection if they are cremated. This argument, though, is refuted by others on the basis of the fact that the body still decomposes over time after burial.
They were responsible for treating the deceased in an honest and respectful manner, and they failed to do so. They breached their duty. The funeral home breached their legal obligation to avoid harming your loved one. Their breach directly resulted in harm.
Other damages. Damages in these cases can vary greatly. For example, if you paid for a more expensive casket, and the funeral home buried your loved one in a cheaper casket, you might be owed the difference in price between the two, plus damages for emotional distress.
If your loved one was neglected or abused by a funeral home, you may be eligible to recover compensation for: 1 Emotional distress 2 Loss of life’s enjoyment 3 Funeral expenses 4 Other damages
Funeral Home Negligence. After the death of a loved one, one of the best ways to honor their memory is to ensure they have a respectful burial or cremation. As a result, most people turn to funeral homes, in which they place an enormous amount of trust.
The funeral home was responsible for the abuse or mishap, making them legally liable. There were losses suffered as a result. The funeral home’s actions injured the deceased (physically) and/or you and your family (emotionally or financially).
Thankfully, by filing a personal injury lawsuit, victims can hold funeral homes accountable for their negligence. If your loved one was neglected or abused by a funeral home, you may be able to recover significant financial compensation.
The aftermath of a loved one’s death is a traumatic time for you and your family. In between medical discussions, family notifications, and handling the estate, is the question of the funeral. Your loved one may or may not have let it be known their preferred burial method.
No. We pursue money damages for breach of contract, misrepresentations, and errors on the part of the funeral home, crematory, or cemetery. We are paid a legal fee contingent upon recovery of compensation for you.
Our lawyers are aggressive strategists and have extensive experience in successfully winning tough cases. We’re the law firm other lawyers come to for legal advice.
If a funeral home or cemetery has misled your family about any aspect of a loved one’s death care services, a reliable attorney will help you hold it accountable. Some cemeteries engage in fraudulent practices to boost revenue, preying on unsuspecting customers during a very sensitive time. Such scams could include:
A funeral home has a duty of care to provide respectful and professional death care services.
The funeral home should conduct their operations professionally and provide reasonable and transparent billing. Charging a customer for embalming but not actually performing the procedure is a fraudulent breach of fiduciary duty.
You may consult with a contracts lawyer or contact the State's Attorney General Office for assistance. There also may be a state agency which licenses and handles complaints against funeral homes.
From what you describe, I don't see that the funeral home did anything wrong that would justify a lawsuit.
You need a civil trial lawyer, not a criminal lawyer. Your case may also require contact with the Iowa Attorney General's staff. Perhaps this funeral home needs to be investigated.
Most likely, you would be looking for a personal injury attorney. The funeral home is a licensed facility. Based on what you have said, you may want to file a complaint against their license as well.
It happens when your attorney fails to use the skill and care normally expected of a competent attorney. For example, you might have grounds for a negligence suit if your lawyer missed an important deadline, failed to prepare for trial, or failed to follow court orders. Breach of contract. Breach of contract occurs when a lawyer violates ...
If your lawyer isn’t communicating with you or listening to your wishes, this might get his or her attention. In some cases, the board might order the lawyer to compensate you for a clear financial loss —for example, if your lawyer took fund from your client account.
Lawsuits against lawyers usually fall under three categories: negligence, breach of contract, and breach of fiduciary duty . Negligence. Negligence is the most common grounds for a malpractice lawsuit. It happens when your attorney fails to use the skill and care normally expected of a competent attorney. For example, you might have grounds ...
However, it’s not malpractice unless your lawyer fell below the standard of care. The third element is perhaps the most difficult to prove. It’s not enough that your lawyer breached his or her duty.
If your lawyer agreed to represent you in a case or provide other legal services, your lawyer owes you a duty of care. The second element is more difficult to prove. It is not enough to show that your lawyer made a mistake or that you lost your case.
You’re free to switch lawyers at any time, except in rare cases. (For example, a judge might not let you switch lawyers on the eve of trial because it would cause unreasonably delays.) Report the lawyer to your state’s disciplinary board. Every state has a board that disciplines lawyers for ethical violations.
A neutral third party presides over the arbitration, receives evidence from both sides, and makes a decision about what fees are owed. If none of these options would help your situation, you should consult with a lawyer about whether you have a legal malpractice case.