what tupe lawyer sues cemetery

Can I sue a cemetery?

Jun 23, 2012 · You would need a real estate attorney. If you purchased 22 lots then you would have them deeded and they would be part of a public record. I hope you have more proof than the cemetery's verbal acknowledgment. If you have any additional questions, feel free to contact us for a free initial consult... Helpful Unhelpful Share 0 comments

Did a funeral home put the wrong woman in a casket?

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What happens when cemeteries make mistakes?

Dec 06, 2014 · In California, bereaved family members may sue a morgue, funeral home, or other entity which engages in improper burial practices. In your uncle’s case, that practice may have been the unauthorized removal of the body parts belonging to his wife. Seek the advice and counsel of several experienced personal injury attorneys.

What laws apply to cemeteries in the US?

Jul 19, 2017 · Contact. 212-721-5300. website. Phone. Contact. Website. Answered on Jul 23rd, 2017 at 12:27 PM. You can sue, but I am not sure how to measure damages. Report Abuse.

What is a cemetery case?

Cemetery Cases. The personal damage caused by complications before, during, or after a burial can be particularly painful if you are grieving the loss of a loved one. What are Cemetery Cases?

Can you sue a cemetery?

Keep in mind you can sue a cemetery just like any other business.

3 attorney answers

A real estate lawyer should be retained. Im sorry, but our firm only handles cemetery abuse cases. The answer does not create an attorney/client relationship and is for informational purposes only. Lassen Law Firm...

Christian K. Lassen II

You would need a real estate attorney. If you purchased 22 lots then you would have them deeded and they would be part of a public record. I hope you have more proof than the cemetery's verbal acknowledgment. If you have any additional questions, feel free to contact us for a free initial consult...

Michael Kuldiner

You will want a real estate attorney with experience in civil litigation. You will also want to provide the attorney with as much information as possible, including whether there are any unique characteristics about the 22 plots, as well as the deeds and contracts of sale.

What is a lawsuit against a cemetery?

Lawsuits against cemeteries are commonly based on negligence, misrepresentation, and breach of contract, although there are other theories that may be applicable . Which one will work for you depends on what exactly happened and how you were damaged.

Why do people bury their family members in a cemetery?

A cemetery breaches a duty of care by acting negligently.

Can you sue a cemetery?

You can sue a cemetery just like any other business. But because cemeteries are involved with death, they can seem extra creepy. Plus, the personal damage caused by complications in that context can be particularly painful to people grieving the loss of a loved one.

How long is the statute of limitations for breach of contract in California?

California has a four (4) year statute of limitations for breach of contract. That means if your uncle signed the contract over four years ago he has likely lost his legal right to a breach of contract suit. To learn more about the statute of limitations periods in California go to the website for the Judicial Branch of California.

Is emotional distress a viable claim?

A claim for emotional distress may be a viable course of action.

Do you get a personalized case evaluation from a licensed attorney?

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.

Is our response legal advice?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Do personal injury attorneys charge for initial consultation?

Seek the advice and counsel of several experienced personal injury attorneys. Most will not charge for initial consultations. Be sure your uncle goes with you to the consultations.

What to do if your loved one's memory is harmed?

If you believe that your loved one’s memory has been harmed or dishonored through cemetery, funeral home or cremation negligence, error or exploitation, it is essential to contact an attorney that has experience with these kinds of cases. 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.

What is the negligence of a funeral home?

Funeral Home/Cemetery Negligence. Funeral home and cemetery negligence are appalling acts that are frequently more common across the United States. The deceased have no way to protect or defend their bodies and dignity from physical abuse and/or desecration.

Can a funeral home be negligent?

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:

What are the laws of cemeteries?

The Basic Laws Pertaining to Cemeteries. Americans have a hard time dealing with dying and death and often only deal with estate planning, elder care planning and selection of funeral arrangements when they have no choice, e.g. when death is imminent or already has occurred. The result can be both frustrating and expensive as people are required ...

What are the rights of a cemetery owner?

A cemetery lot owner’s rights are contractual and subject to the ordinary rules of contract law. In nearly all jurisdictions, one who purchases and has conveyed to him/her a lot in a public cemetery does not acquire the fee to the soil. He/she acquires only a right of burial therein which has been variously designated as an easement or as a license or privilege. Ebenezer Baptist Church, Inc. v. White, 513 So. 2d 1011 (Ala. 1987).

What is the right to a burial lot?

Since the right of the owner of a burial lot has been designated as an easement or license , in the absence of statutory restrictions or contractual conditions to the contrary, the right is one which is devisable and inheritable. The right to devise a burial lot may be limited by statutory provisions restricting the right of alienation and providing for the descent of the lot, upon the death of the proprietor, to his/her heirs at law. A burial lot not specifically devised does not pass under a general or residuary devise, absent a statute. It passes to the heirs at law of the testator as if the testator had died intestate. If the result would be the disruption of the character of the lot as a family burial plot, the lot can be deemed not to pass by will. Robertson v. Mt. Olivet Cemetery Co., 116 Tenn. 221 (Tenn. 1906).

What happens when a cemetery is abandoned?

When the use is terminated and the cemetery abandoned, there is a reverter to the original donors or their legal representatives, free of such use . This rule applies to both statutory and common-law dedications.

How does a state regulate the location of cemeteries?

A state may regulate the location of cemeteries through the exercise of its police power by statute directly regulating the location of cemeteries. In California, see Laurel Hill Cemetery v. San Francisco, 216 U.S. 358 (U.S. 1910).

Why do police have to regulate cemetery locations?

Some additional reasons for exercising the police power regarding the regulation of cemetery locations are: the public welfare in general. whether the establishment of a cemetery might disarrange the location of streets and highways and adversely affect civic enterprise. the prosperity of the community.

What is a cemetery?

Definitions: A cemetery is a place where dead bodies and cremated remains are buried. It is a locale set aside, either by governmental authority or private enterprise. A public cemetery is open for use by the community at large while a private cemetery is used only by a small segment of a community or by a family.

What is the best legal option for a lawsuit?

Suing someone, or responding to someone’s lawsuit against you? An attorney who specializes in civil litigation will be your best legal option. You may also find that different attorneys will specialize in different litigation areas as well. For example, a corporate litigation lawyer should have the expertise to help you with commercial litigation issues.

What is general practice law?

Unlike lawyers who specialize in a particular area of law, a general practice lawyer has a practice that handles a wide range of legal issues. Different general practice attorneys will have different areas of law with which they are most comfortable, so if you consult with a general practice lawyer, it’s always prudent to discuss his or her experience in handling the type of legal issue you’re facing.

What is a disability attorney?

The Social Security Disability system can be a particularly complex system in which to navigate. An attorney who specializes in Social Security Disability issues can help you with any step in the Social Security Disability process, including assisting you with eligibility issues, launching an appeal of a decision to deny you benefits and dealing with the reduction or termination of your benefits.

What can a corporate lawyer do for you?

A corporate lawyer will be able to help you with issues related to the formation of your corporation, general corporate governance issues and corporate compliance issues.

What is an estate planning lawyer?

The estate planning lawyer specializes in wills and trusts, and can help you to draw up a will to pass on your assets. Among other estate planning legal services, this type of lawyer can help you set up a trust which will help take care of your children’s financial needs.

What is a worker's compensation lawyer?

If you’ve been injured while on the job, or have had to face the death of a loved one as a result of a workplace accident or occupational disease, a lawyer who specializes in workers compensation law can help you navigate the issues you face, such as the extent of the employer’s fault and the amount of benefits to which you are entitled.

What is an IP lawyer?

Also known as an IP attorney, an intellectual property lawyer can advise you with regard to issues relating to intellectual property, such as copyrights, trademarks, patents, industrial design and trade secrets.

What happens if you file a motion to dismiss?

In fact, if your attorney were to plead a motion to dismiss, the lawsuit could get thrown out even without being heard. Also, be aware that attorneys who represent litigious people can be sanctioned for filing such frivolous legal actions in court.

What is frivolous lawsuit?

What is a Frivolous Lawsuit? The official frivolous lawsuit meaning, according to the US Legal system is a legal claim that is filed by any entity or individual who is well aware that the lawsuit has no facts or basis to support it. Frivolous lawsuits may also be filed to delay other legal proceedings.

How to stop a lawsuit?

If you’re wondering about how to stop most frivolous lawsuits, you must contact an experienced attorney who can advise you on the best course of action to take. Very often, a wise option is to settle out of court by apologizing or offering a small compensation to resolve the issue even if you were not at fault. But, if you feel that the matter can’t be settled, go ahead and work with your attorney. Remember, depending upon your case, the law may direct the prevailing party in a lawsuit to pay attorney’s fees if it is proved that he sued in bad faith. When someone is threatening you with an illegal lawsuit, remember that with the right legal representation, your rights will be protected.

Why do convicted murderers sue their hostages?

A thief breaking into a house suing the owners because he tripped over a wire and hurt himself. A convicted murderer suing his hostages because they escaped when he fell asleep. A woman trying to get back at her ex-boyfriend for dumping her by accusing him falsely of violent behavior.

Why is an obese customer suing a restaurant?

An obese customer suing a restaurant because of the small size of the booths.

What to do if you feel the matter can't be settled?

But, if you feel that the matter can’t be settled, go ahead and work with your attorney. Remember, depending upon your case, the law may direct the prevailing party in a lawsuit to pay attorney’s fees if it is proved that he sued in bad faith.

Can a litigious person take you to court?

Not only are such lawsuits very common but know that most litigious people simply threaten to take you to court without having the intention to do it. The behavior they display is vindictive and spiteful and typically intended to get back at you by causing emotional and mental anguish along with monetary loss. Whether you are facing a silly lawsuit, a clearly crazy lawsuit or a simply outrageous lawsuit without any basis in reality, it’s important to stay calm but focused.