Funeral Home Negligence Attorney

Serving Nationwide

The loss of a loved one is one of life’s most challenging moments. During these emotionally turbulent times, families rely on funeral homes to handle the deceased with care, dignity, and respect. Unfortunately, not all funeral homes meet these expectations.

There are approximately 3,500 complaints of funeral home negligence filed each year with state regulatory boards in the United States, with the majority of complaints involving failure to comply with family instructions, misidentification, or the improper storage or handling of remains.

When funeral home negligence occurs, it not only adds emotional trauma during an already stressful time; it can also constitute a breach of trust and legal responsibility. If you or your family have experienced funeral home negligence, it’s time to seek the legal assistance of a dedicated and compassionate legal team.

What Is Funeral Home Negligence?

Funeral home negligence occurs when a funeral service provider fails to meet professional standards or acts in a way that causes harm, distress, or financial loss to the family of the deceased. Negligence can take many forms, including:

· Losing the Body or Ashes: Misplaced or lost remains are some of the most egregious examples of negligence and can cause profound grief and uncertainty.

· Mishandling the Body: The improper storage, transportation, or preparation of a body can result in damage or disrespect.

· Wrongful Burial or Cremation: There are few examples of funeral home negligence more brazen than mistakenly burying or cremating the wrong body.

· Sexual Misconduct: Unimaginable acts of abuse toward a decedent’s body constitute serious legal violations.

· Illegal Sale of Body Parts: Harvesting and selling organs or body parts without the family’s consent is both unethical and unlawful.

· Unauthorized Cremation or Burial: Proceeding with interment or cremation without explicit family consent is a clear breach of personal wishes.

· Gravesite Errors: Burying a loved one in the wrong plot is a costly and distressing mistake that exemplifies negligent funeral home practices.

· Presenting the Wrong Body at the Service: It’s hard to imagine a more emotionally distressing situation than finding the wrong body at your loved one’s service.

· Unlicensed Funeral Staff: Funeral homes that employ unqualified personnel clearly compromise the quality and legality of their services.

· Unauthorized Relocation of Remains: Moving a decedent’s remains without proper authorization is a deep violation of a family’s trust.

· Failure to Comply with Family Wishes: The family of the deceased has the right to expect their instructions to be followed and their wishes met. If a funeral home ignores the wishes of the family, it might qualify as legal negligence.

When funeral homes fail in their obligations, the emotional and financial tolls can be immense. If you’ve unfortunately had experience with any of the above types of funeral home neglect, you should seek legal counsel as soon as possible.

How Common is Funeral Home Negligence?

The statistics around funeral home negligence cases in the United States point to an uncomfortable reality. 10% of funeral homes in the US have been cited for negligence or misconduct violations, resulting in 3,500 complaints annually and $500 million spent on unmet funeral services every year.

Negligence cases have increased by 25% since 2020, with improper storage or handling of remains being the most common issue mentioned in lawsuits.

It’s certainly unsettling that one in ten funeral homes has been cited for negligence and that there are thousands of individual complaints filed each year. But remember that even if you are the victim of a funeral home’s negligence, you are not without options. The average compensation awarded in cases of funeral home negligence ranges from $50,000 to $100,000, depending on the types and severity of negligent acts.

Know Your Rights as a Family Member

When a funeral home fails in its solemn duty to honor your loved one with dignity and care, the harm can be profound. Damages in these cases are designed to restore a sense of justice and hold the negligent parties accountable. Damages fall into three primary categories: economic, non-economic, and punitive. Each plays a vital role in addressing the harm caused.

Economic Damages

Economic damages cover the measurable financial losses that arise from funeral home negligence, such as:

· Additional Funeral Expenses: If a funeral home fails to provide the proper services, your family may have incurred additional costs to rectify their mistakes. This could include hiring another funeral home to conduct services properly. These costs should be included as part of the economic damages in any claim made against the funeral home.

· Reimbursement for Unfulfilled Services: Funeral homes often require payment in advance, and many families will opt for advanced payments regardless in order to minimize future financial burdens. A key component of economic damages in a claim is recovering payments for services that were prepaid but not delivered.

· Legal Fees: Making a claim of negligence against a funeral home generally requires legal assistance. Economic damages should include compensation for the costs of pursuing justice on your family’s behalf.

· Costs for Emotional Support Services: Being the victim of a funeral home’s negligence is emotionally damaging. Professional mental health support is often needed, and the cost of this support should be included in any claim made against the funeral home.

Non-Economic Damages

The emotional and psychological toll of funeral home negligence cannot be overstated. Non-economic damages address these deeply personal impacts, including:

· Pain and Suffering: The anguish and heartbreak caused by funeral home negligence are non-economic damages that can be included in a legal claim against the funeral home.

· Mental Anguish: Severe emotional distress beyond the scope of normal grief can cause depression, anxiety, or even PTSD. You can include such trauma resulting from the mistreatment of a loved one’s remains when making a claim for non-economic damages.

· Loss of Enjoyment of Life: The lasting emotional scars on a family’s well-being can make it difficult to find pleasures in activities they once enjoyed. This has a long-term impact on quality of life and makes a compelling case against a funeral home’s negligent practices.

· Loss of Consortium: Loss of consortium is a legal term representing the loss of companionship and close emotional support. For example, being the victim of a funeral home’s negligence could fracture relationships among surviving family members. The disruption of such important relationships certainly counts as non-economic damage.

Punitive Damages

In cases involving particularly egregious or intentional misconduct, punitive damages may be awarded. These damages go beyond compensation, serving to:

· Enforce Accountability: One of the primary goals of punitive damages is to hold the offending party responsible for their behavior. While mistakes can happen to anyone, gross negligence or willfully ignoring responsibilities are unacceptable practices for a funeral home.

· Deter Future Violations: Along with holding the offending party responsible, enforcing financial penalties will send a clear message that negligent behavior will not be tolerated.

· Raise Public Awareness: As a victim of funeral home negligence, you have the opportunity to help protect others from future violations. Punitive damages will help to alert the public to a funeral home’s poor record of behavior.

Building a Strong Case for Funeral Home Negligence

When a funeral home fails to meet its obligations, proving negligence is key to securing justice for your family. Successful negligence claims rely on a variety of evidence, including:

· Documentation: Contracts, service agreements, and invoices show what services the funeral home agreed to provide. If you can produce this documentation and compare it to what the funeral home delivered, it will help to prove they acted negligently.

· Witness Statements: Testimonies from family members, friends, or even funeral home staff who observed the negligence firsthand can provide powerful insights. These statements can be especially effective in providing context and proof for emotional and other non-economic damages.

· Photographic and Video Evidence: Visual proof of a funeral home mishandling or improperly storing remains, misidentifying the deceased, or otherwise failing in their duties is often the most compelling evidence in court. For example, photos of a decomposed body due to inadequate refrigeration can clearly highlight negligence.

Preserving evidence is critical to building a strong case, as without it, proving negligence becomes significantly harder. If you believe you have experienced negligent behavior on the part of a funeral home, we highly recommend that you document everything. Retain all communications with the funeral home, including emails, invoices, and contracts, as these will help to prove your case.

It’s important that you act quickly if negligence is suspected. Take photos or videos immediately to document the condition of the deceased or funeral home facilities. For instance, improper embalming or signs of mishandling should be recorded as soon as possible. Preserved evidence not only strengthens your claim but also ensures that critical details are not lost over time.

Speak with your family and friends, as witness accounts can bring the story of negligence to life. Collecting observations of mishandling, errors, or unprofessional behavior can provide detailed and emotional testimony. In some cases, even employees of the funeral home may step forward with information about negligent practices. This is also the sort of thing that your legal counsel can do on your behalf if it is too emotionally distressing.

Consider Finding Expert Witnesses

In some cases, you may be able to strengthen your claims by bringing in the testimony of an expert. Expert witnesses bring credibility and clarity to complex cases by demonstrating how the funeral home’s actions fell below industry standards. Their objective and professional assessments often provide the court with a critical perspective, ensuring that your family’s experiences are backed by concrete, expert-supported evidence.

Medical professionals, for example, are invaluable in cases involving the mishandling of remains. Their expertise allows them to identify clear signs of improper embalming, inadequate refrigeration, or other forms of negligence that may not be obvious to the untrained eye.

If you’re accusing a funeral home of negligence in its preparation, handling, or preservation of a body, a forensic pathologist might testify that the condition of a decomposed body indicates improper refrigeration, directly linking the funeral home’s negligence to the harm suffered. Or a licensed embalmer could explain how specific embalming techniques—or the lack thereof—deviated from accepted practices, resulting in visible damage or decay. By presenting these findings in court, medical professionals provide factual, science-based evidence that can solidify your case.

Funeral home industry specialists are another key resource for proving negligence. These experts are intimately familiar with the standards and regulations governing funeral homes, and they can pinpoint exactly where those standards were breached.

For instance, an expert in funeral home operating procedures might testify that mishandling occurred due to unlicensed staff performing tasks they were not qualified to handle. An expert could also explain how improper storage or transportation of remains violated state regulations or professional guidelines, bolstering your claims for punitive damages.

While not always required, expert testimony adds weight to your claim by providing a level of authority and objectivity that personal accounts and documentation simply cannot achieve. Expert testimony helps the court understand the gravity of the funeral home’s actions and how those actions deviate from what is expected of a professional establishment. Judges and juries are more likely to be persuaded when a qualified professional explains how the funeral home failed to meet its obligations.

Additionally, expert witnesses can counter arguments made by the funeral home’s defense. If the funeral home denies negligence or attempts to minimize its actions, an expert’s detailed analysis can effectively dismantle these claims.

Take Action Today

If you or your family have been affected by the negligent practices of a funeral home, you need a qualified and compassionate legal team to fight for the justice and compensation you deserve. Pursuing a funeral home negligence claim can be complex and emotionally challenging. Let the You’ve spent your life working hard. You do honest work for honest pay. But now, you’ve been hurt on the job. You are suffering, unable to work, and afraid that your injuries may be permanent. As you recover physically, you must navigate the workers’ compensation system.

The LLG National Law Group knows that a workplace accident can undermine every aspect of your life. From the physical and emotional toll of the injury to the devastating financial impact of being unable to work with mounting medical bills, your future seems uncertain. We understand that you and your family need fair compensation after your injury, and we can fight on your behalf for the justice you deserve.

The LLG National Law Group has created a network of licensed attorneys and law offices across the country, allowing us to provide clients with an experienced and dedicated nationwide team committed to their best interests. Our workers’ compensation attorneys can help you through every step of the workers’ compensation process, from preparing an initial claim to appealing a denial.

Workers’ compensation cases can be complex, often involving serious and long-lasting injuries, and emotional, as an individual’s inability to work creates significant financial and familial stress. Let the LLG National Law Group navigate the workers’ compensation process on your behalf so that you can focus on what matters: taking care of yourself and your loved ones. Call the LLG National Law Group at 833-536-8652 to request a confidential consultation.

What is the Workers’ Compensation Process?

After a workplace accident, both the employee and employer involved have important roles to play in the workers’ compensation process. After being hurt, the injured employee must notify their employer and seek medical attention. Then, the employee and employer will submit a claim to the employer’s workers’ compensation insurance company, including supporting documents. The employer may ask the injured employee to attend a medical appointment with specific medical providers as part of the claim.

The insurance carrier will review the submission and determine if the claim is approved or denied. If the claim is denied, the employee may appeal the decision. Our experienced workers’ compensation attorneys can help appeal your case with the appropriate state agency.

If the insurance company approves the claim and offers you a settlement, you can consider if the settlement amount is reasonable. If you believe the settlement is inadequate, you can ask for an amount that better accounts for your injuries and losses. The LLG National Law Group regularly negotiates with insurance companies, fighting for our client’s best interests. If settlement negotiations reach a stalemate, it may be necessary to file a formal claim with the appropriate state workers’ compensation agency.

Every state has its own specific workers’ compensation process, including deadlines for filing an appeal and specific documents, forms, and evidence that must be included in the submission. The failure to properly file an appeal can eliminate your opportunity to receive workers’ compensation benefits.

State appeal processes often involve mediation, dispute resolution, or a formal hearing with a workers’ compensation judge or board. Because the LLG National Law Group collaborates with experienced legal teams across the country, we can help you navigate the workers’ compensation process anywhere in the United States. Let our attorneys fight for the compensation and justice you deserve.

What Types of Injuries Qualify for Workers’ Compensation Benefits?

Injuries commonly involved in workers’ compensation claims include:

· Strains, sprains, and tears to soft tissue including tendons, ligaments, and muscles.

· Broken bones. A workplace accident could involve breaking almost any bone in the body, including hand, arm, elbow, foot, ankle, or leg bones. Skull fractures and spinal disc fractures are among the most serious skeletal injuries to occur in workplace accidents.

· Cuts and lacerations from sharp objects, such as knives, machinery blades, and broken glass. While often occurring on hands and fingers, these types of injuries can vary from minor abrasions to deep lacerations.

· Repetitive stress injuries, such as carpal tunnel syndrome, thoracic outlet syndrome, tendonitis, and rotator cuff injuries.

· Car or other vehicle accidents.

· Injuries from machinery accidents that often result in broken or crushed bones, cuts and lacerations, and internal organ injuries.

· Chemical exposure that may cause chemical burns, respiratory problems, skin conditions, organ damage, and other conditions. Hazardous chemicals, such as acids, arsenic, asbestos, benzene, lead, mercury, silica, beryllium, and cadmium, are often involved in workplace accidents. An employee may sustain an injury from skin coming into direct contact with chemicals while breathing in toxic fumes or after ingesting hazardous substances.

Workers’ compensation insurance also covers injuries sustained while an employee is working, even if they are outside of or offsite from their normal worksite when the accident occurred. For example, an employee should be eligible for workers’ compensation if injured while attending a meeting on behalf of their employer.

What Types of Expenses Does Workers’ Compensation Cover?

Workers’ compensation is intended to provide the financial resources that an employee needs after suffering a workplace injury. These costs may include:

· Medical treatment expenses, including doctor’s fees, lab tests, and pharmacy charges.

· Income from lost wages.

· Disability benefits if an employee’s work-related injury resulted in a permanent partial disability or a permanent total disability. Disability benefits may be paid in a lump sum or gradually over a longer period.

Additionally, if an employee dies from injuries sustained at work, their survivors may be entitled to survivor benefits.

To prove the extent of your injuries, the wages you have lost during your recovery, and any permanent disability, it is essential that thorough records be collected and maintained. The LLG National Law Group’s team of dedicated workers’ compensation attorneys can help analyze, organize, and prepare your workers’ compensation claim and supporting evidence.

What Should You Do After a Workplace Accident?

If you’ve been hurt in a workplace accident, your priority must be informing your employer of your injury and seeking treatment.

It is never too soon to contact the LLG National Law Group for assistance after a workplace injury. If you know or suspect that your injury may prevent you from working, the LLG National Law Group’s team can help you take the first steps in making a strong workers’ compensation claim, and we can help ensure your claim meets applicable filing deadlines.

To prepare for filing a workers’ compensation claim, you must save and organize the information and medical documents related to the accident, including:

· Incident reports from your workplace.

· Hospital or other medical records, including diagnostic test results, X-rays, MRIs, CT scans, and treatment plans.

· Bills and receipts for medical expenses for the treatment of the injury.

These documents, usually created or generated immediately after your injury, provide critical information about the accident and your injury.

You will also want to find and organize your pay stubs and other financial documents necessary to demonstrate your lost wages.

Why Are Workers’ Compensation Claims Denied?

Workers’ compensation programs are intended to provide critical financial support to individuals harmed at work by avoiding long-pending litigation. Despite these best intentions, an employer may contest an injured employee's claim, or an insurance company may deny coverage for an injury. Common reasons for an insurance carrier to deny a workers’ compensation claim include:

· Your workplace injury was not reported promptly.

· There is insufficient medical evidence to support the claim.

· Your injury occurred off the clock or outside of work. In general, workers’ compensation covers injuries that occur at work. Injuries that occur while commuting to work or while clocked out for a break are usually not covered by workers’ compensation insurance.

· The injury occurred because you engaged in horseplay, roughhousing, practical jokes, or other intentional misconduct.

· You were hurt while under the influence of drugs or alcohol.

· You failed to seek medical treatment. If you did not seek treatment after the accident, your employer or their insurance carrier may question the legitimacy or severity of your injury.

· Your workers’ compensation claim was incomplete, unsupported by evidence, or filed late.

Across the country, workers’ compensation claims require an intricate knowledge of the law, detailed supporting evidence, and a commitment to meeting all deadlines. Let the LLG National Law Group develop a comprehensive strategy on your behalf and advocate for you through your workers’ compensation claim process.

When Can an Employee Injured in a Workplace Accident File a Personal Injury Lawsuit?

The current workers’ compensation system was developed to protect both employees and employers. State-based workers’ compensation regimes require employers to carry workers’ compensation insurance and eliminate the ability of most injured employees to sue their employers for personal injuries. This system allows injured workers to receive needed compensation without the need for lengthy lawsuits.

Although the workers’ compensation system generally prohibits employees from suing their employers for workplace injuries. In limited cases, workers can file a personal injury lawsuit against their employer or a third party.

You may be able to sue your employer for a workplace injury when:

· Your employer failed to carry workers’ compensation insurance.

· Your employer intentionally caused your injury.

· Your employer’s action demonstrated extreme negligence not covered by their workers’ compensation insurance.

· Your employer violated the safety regulations of the Occupational Safety and Health Administration or other safety agencies.

· Your injury was caused by exposure to toxic substances. If your illness or injury has been caused by long-term exposure to hazardous substances, there may be an opportunity to file a toxic tort lawsuit.

If your injury was caused by a third party, such as a contractor or subcontractor, you may file a personal injury lawsuit against the party responsible. Similarly, if your injury was caused by faulty equipment, you may be able to file a lawsuit against the equipment manufacturer.

The LLG National Law Group can review the details of the accident and your injuries to help prepare your workers’ compensation claim, appeal a denial, negotiate with the insurance carrier on your behalf, and identify other available avenues through which you can seek justice from the individuals and companies responsible for your workplace accident.

How Can the LLG National Law Group Help?

Recovery from an injury takes time and determination. Workers’ compensation laws are complex and vary by state. It can be overwhelming to try to navigate the workers’ compensation system while you are injured. Let the LLG National Law Group oversee your claim so that you can focus on healing.

The experienced team at the LLG National Law Group can help develop a comprehensive workers’ compensation strategy for you based on your injuries and applicable state law. Our attorneys may:

· Identify reporting and filing deadlines and statutes of limitations that may impact your eligibility for workers’ compensation.

· Perform an independent investigation, if needed, to identify evidence and witnesses to support your claim or to determine if a third party’s negligence contributed to your injury.

· Retain and consult with expert witnesses to provide specialized knowledge on complex aspects of the case.

· Ensure your employer and their insurance carrier are processing your case properly.

· Communicate with the workers’ compensation insurance carrier and negotiate a fair settlement on your behalf.

· File an appeal with the appropriate commission on workers’ compensation or related agency if your employer or their insurance carrier fails to resolve your case properly.

· Prepare for and represent you during any workers’ compensation hearing, mediation, alternative dispute resolution process, or related proceeding.

· Pursue any other available legal avenues to help you receive the compensation and justice you deserve.

With the LLG National Law Group on your side, we can fight for the workers’ compensation you deserve while you focus on your health, healing, and future.

Let the LLG National Law Group Fight for the Justice and Compensation You Deserve

If you’ve been injured at work, contact the LLG National Law Group to discuss your case. Let our licensed attorneys, located in law offices across the nation, fight for you and your future. Our legal team can help you get the justice and compensation you deserve after a workplace injury. Contact the LLG National Law Group at 833-536-8652 and request a confidential consultation. take up these challenges on your behalf. We will:

· Investigate the details of your case to uncover evidence of negligence or misconduct.

· Work with experts in funeral home standards and practices to build a strong claim.

· Negotiate with the funeral home or their insurance company to seek fair compensation.

· Advocate for your rights in court if necessary.

The You’ve spent your life working hard. You do honest work for honest pay. But now, you’ve been hurt on the job. You are suffering, unable to work, and afraid that your injuries may be permanent. As you recover physically, you must navigate the workers’ compensation system.