How Does Funeral Home Negligence Happen?
Disreputable funeral homes can behave badly in so many ways.
It’s not something anyone likes to think about. But you should know that you don’t have to just write this off as an unfortunate error. You could have legal recourse.
Talk to The Clarkson Firm after any of these situations:
- The funeral home fails to honor your wishes for the service and burial.
- They fail to follow proper cremation practices, such as cremating before your family gets a last goodbye.
- The funeral home charges you for expensive services you didn’t request or need.
- The embalmer or funeral director is not properly licensed.
- The embalmer does a poor job.
- The funeral home mistreats the body in other ways.
- The funeral home or cemetery puts your loved one or their tombstone in the wrong place.
- They take back an expensive coffin after burial and switch to a cheap one.
- They exhume remains without your consent.
- They put multiple bodies in the same coffin or burial plot.
- They switch a body with somebody else’s.
- They lose track of a body.
- They rob jewelry or personal items off a body.
- They sell body parts as donor tissue.
It’s shocking that these things can happen, but sometimes they do.
Alabama and federal laws have specific rules about how funeral homes must behave.
They must be clear about prices, services, and availability of less-expensive options. They must follow certain procedures handling remains. They must be licensed.
If you think something is terribly wrong about the way a funeral home treated you and your family, get in touch with Alabama funeral home negligence attorney Abbey Clarkson.
Tell her what happened, and we’ll provide a free assessment of your legal options.
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Compensation You Can Pursue in a Funeral Home Negligence Case
Of course, a legal case cannot go back in time, undo what happened and erase the emotional harm of an appalling breach by a funeral home.
But a funeral home negligence case can ensure justice after a wrongdoing and compensation to move forward.
In these kinds of cases, you can pursue:
- Your money back for poor service or services never provided
- An order to correct a failure, such as moving remains to the correct burial plot
- Compensation for the emotional distress
Funeral homes and cemeteries have a duty to treat you responsibly. If they fail, you could have a claim against them under laws covering negligence, breach of contract and fraud.
Alabama law has a special concept called the “Tort of Outrage” that applies to funeral and burial failures.
You have to prove the funeral home was intentional, reckless, and extreme in its behavior; but you could possibly win compensation for mental anguish that can be harder to get in other kinds of cases.
In personal injury cases, for example, courts may look suspiciously on claims for hard-to-measure “pain and suffering” damages after a car wreck.
But in funeral home negligence cases, courts may be more sympathetic to you in awarding monetary compensation for emotional trauma that doesn’t have an easy price tag.
After a gut-wrenching episode like this, work with an Alabama attorney who’s determined to see you finally get the treatment and respect you deserve.
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