Whenever you are planning to pursue compensation in the civil courts, it may help to have a lawyer on your side who has treaded similar waters before. When you are planning to sue a funeral home for negligence, it may be a good idea to use the services of a funeral home negligence lawyer. Many law firms list their practice areas on their website. Accordingly, you …
May 06, 2014 · You want a lawyer who handles loss of sepulcher cases. There is a statute that may give the funeral home a complete defense. It depends on what the paperwork says. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice. 1 found this answer helpful
Feb 24, 2022 · Look for a local plaintiffs attorney to consult. This response is for general informational purposes only. Because every case is fact-dependent, this response is not intended as legal advice, and should not be interpreted as such. No attorney-client relationship is formed as a result of this attorney's response to this question.
If a funeral home did not treat your dearly departed in an honest, respectful, or competent manner, contact the funeral lawyers at Morgan & Morgan. Our highly skilled attorneys can review the facts of your case to determine liability for your injury and help you collect financial compensation during this very difficult time.
I've handled cases like this. You want a lawyer who handles loss of sepulcher cases. There is a statute that may give the funeral home a complete defense. It depends on what the paperwork says.
I'm hoping you already have a personal injury lawyer pursuing a case for your husband's fatal accident. If not, you should get one quickly. Since you are the administratrix of his estate, any lawsuit to recover compensation on his behalf would be brought in your name.
Best bet is to Google "funeral home abuse lawyer" for lawyers that have handled a lot of these cases.
I'm so sorry for your loss. As the other attorneys have stated, you need to reach out to a qualified NY attorney to get some competent advice. Best of luck to you.
I agree with Attorney Rothstein. How did all of this occur without your knowledge? I also wonder whether the ashes are actually from your deceased husband. You need to consult with a NY attorney.
If your loved one was neglected, abused, or exploited by a funeral home, and you would like to hold the funeral home accountable, you might be wondering how to go about doing so. “Negligence” is the legal term for liability or responsibility in an accident. Proving liability generally involves satisfying the following criteria: 1 The funeral home owed you a duty of care. They were responsible for treating the deceased in an honest and respectful manner, and they failed to do so. 2 They breached their duty. The funeral home breached their legal obligation to avoid harming your loved one. 3 Their breach directly resulted in harm. The funeral home was responsible for the abuse or mishap, making them legally liable. 4 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).
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.
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.
From what you describe, I don't see that the funeral home did anything wrong that would justify a lawsuit.
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.
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.
An attorney with experience in civil litigation, to see if you have actual grounds for a lawsuit or claim. Having trouble does not define a legal cause of action. The actual facts will determine your rights.
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 can be confusing to figure out who has the legal right to file a lawsuit against a funeral home for negligence. Some family members may have the authority, however certain provisions apply.
The entity being sued must owe you a duty of care. In funeral home cases, this duty is established with a signed contract for services and/or goods (you don’t necessarily have to purchase a casket, in some instances the contract is for services only). 2.
A good funeral home not only provides quality service; it and its employees also offer compassion and kindness to bereaved families. Being entrusted with a loved one’s human remains is a very serious and solemn duty, and a quality funeral home understands that. Unfortunately, there are too many funeral homes that are subpar, and some of the outrageous behavior that some funeral homes have been found guilty of beggars belief. Examples include:
There are specific people who are permitted to file suit against a funeral home if they believe that negligence has occurred – generally, the deceased person’s surviving spouse, parents, and children, or anyone who is listed in the deceased person’s will as a beneficiary. If you can establish that a funeral home failed to honor its contract with you, either by inappropriate behavior or mishandling of the remains, or by failing to abide by the Federal Trade Commission’s “funeral rule,” you may be able to recover monetarily. No amount of money can cure your loss, of course, but it can help keep your family solvent while you adjust to your new reality.
Losing a loved one is always difficult, but finding out that their earthly remains have been disrespected can cause untold amounts of distress. You and your family deserve better – the Tampa wrongful burial & cremation attorneys at the Rinaldo Law Group can offer dedicated and compassionate representation during a painful time. Call our offices today for a free consultation.