Discover the top reasons to sue a funeral home in California.
Funeral homes are experiencing unprecedented demand which has caused funeral home negligence cases to increase.
Families place an enormous amount of trust in funeral homes.
The death of a loved one leaves families to cope with loss and emotional pain and suffering.
But when a funeral home fails to provide the care our loved ones deserve, it can cause added emotional distress.
If a funeral home neglected or mismanaged your loved one’s remains, you might be able to recover significant financial compensation.
At Weinberg Law Office P.C., we will work to hold the at-fault party responsible. Our ultimate mission is to ensure that you get the compensation you deserve.
When you hire us to represent your funeral home negligence case, you’ll have an experienced, compassionate attorney fighting for you.
Is the Funeral Home Liable?
If a funeral home neglects, mishandles, or abuses your loved one, California law allows you to recover compensation for the funeral home’s negligence.
To prove funeral home negligence and have a reason to sue a funeral home, you must be able to satisfy the following four conditions:
- The funeral home owed you a duty of care—The funeral home was responsible for treating the deceased in a diligent, professional, and respectful manner, and failed to do so;
- The funeral home breached its duty—The funeral home breached its legal obligation to avoid harming your loved one’s body ;
- The funeral home’s breach directly resulted in harm—The funeral home’s breach resulted in abuse, negligence, or exploitation; and
- Losses ensued as a result—The funeral home’s actions injured the deceased physically or you and your family emotionally or financially.
If all four criteria are met, you may be entitled to damages for:
- Emotional distress,
- Funeral expenses, and
- Other damages
Damage amounts can vary considerably. For example, say the funeral home stole an heirloom wedding ring from your loved one.
In this case, you might be owed the ring’s value and damages for emotional distress. Or say you paid for a luxurious casket, but the funeral home buried your loved one in a less expensive model.
Then you might be owed the difference in price between the two.
Reasons To Sue A Funeral Home For Negligence
Funeral homes can act in many negligent or intentional ways that cause harm. Some common examples of funeral home negligence include:
- Improper or inadequate embalming,
- Putting two bodies in one coffin,
- Placing the wrong body in the coffin,
- Failing to store a body properly,
- Cremating the incorrect body,
- Mixing multiple deceased’s ashes,
- Losing ashes,
- Losing a body,
- Mishandling or dropping a body,
- Stealing valuables from a body,
- Stealing organs from a body to sell,
- Maiming or sexually abusing a body,
- Delivering a body to the wrong gravesite,
- Financial mistreatment of the deceased’s family, and
- Violations of federal or California law
When a person dies, their loved ones rightfully expect the licensed funeral home they choose to understand all legal and moral standards of care.
If you’ve been harmed by funeral home wrongdoing, an experienced attorney can help you determine negligence and calculate your damages.
A Skilled Funeral Attorney at Weinberg Law Offices Can Help
Weinberg Law Offices handle all types of funeral home negligence cases. We will work tirelessly to obtain maximum compensation for your injuries.
Our mantra is that there is no such thing as a “small case.” We promise to give you 100% no matter how modest your damages.
Disclaimer: This content should not be construed as legal advice.