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.
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
A funeral home negligence claim is based in personal injury law, because while the deceased person may not be able to be injured, their surviving family certainly is, especially if the nature of the funeral home’s negligence involves some kind of insult to your loved one’s remains.
By: Bill Herrfeldt You can sue a funeral home just as you can any other business. If you think a funeral home has committed a wrong, you can turn to the courts with your complaint and ask for a judgment. Like any business, funeral homes should be held accountable for their actions. Funeral homes are not above the law. Have a good case.
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.
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.
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.
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.
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:
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.
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.
I would recommend speaking with local counsel first so that they have all the facts.#N#If you hired a company, and they did not fulfill there part of the bargain, thus causing you damages, then, among other things, you have an action for breach of contract...
I would need more information before I could offer a proper response. However, I recommend that you speak with a local attorney immediately to protect your rights.
Fraud is far more common in contract law than you might think. Contractors don’t have to engage in outright scams or con artist tricks to be accused. In fact, the exact definition of contract fraud is surprisingly broad, and might include: 1 False claims, such as when a contractor lies about their skill level, experience, or ability to complete a job. This is especially applicable if the results delivered do not meet reasonable expectations. 2 Fraudulent bill padding, such as when a contractor agrees to complete a job for one amount, yet starts tacking on dubious fees. While contracts can and often do change, any suspicious additions should be scrutinized closely. 3 False promises, such as promising to complete a job with an expensive material, yet sneakily using a cheaper product. For example, a contractor may promise to install an expensive Egyptian wool carpet, yet install a cheaper counterfeit version without the homeowner’s permission.
The most important first step you can take in any contract law claim is to consult with a lawyer. The best way to find the right type of lawyer, regardless of the exact facts associated with your case, is to contact a legal referral service.
This is because most contractual law involves the same assumed rights and responsibilities. The most common scenarios involve a contractor who: Fails to complete a job at all. Fails to complete a job by a deadline.
By very definition, contractors work on a contractual basis. This means they agree to provide a specific service, product, or result in exchange for cash within a certain period of time. For example, a plumber might agree to replace all of the plumbing in your master bathroom within two weeks for $2,000. Or, a home renovation specialist might ...
A breach of contract occurs when the contractor fails to hold up their end of the bargain. For example, a home reno contractor might miss a deadline, fail to deliver a completed product, or even display incompetence in providing a service.
Some people assume that, because small claims court doesn’t allow clients to be represented by an attorney, they don’t need an attorney at all. Nothing could be further from the truth.
Fundamental Breach – The same as a material breach, but generally includes much more serious fallout. For example, a contractor who works on a roof incompetently might leave it in disrepair, resulting in leaks and thousands of dollars worth of water damage.