Coping with the death of loved ones is never easy and brings about difficult times for all those impacted. One of the few things that affords families some solace is grieving their loved one’s death. A family deserves to pay their last acts of respect by carrying out a proper funeral and burial. Unfortunately, mistakes made in this area are becoming more commonplace and oftentimes lead to devastating circumstances for a decedent’s loved ones, resulting in immense emotional and psychological distress.
New York and New Jersey law provide recourse for family members when a funeral home or cemetery’s conduct arises to negligence. Specifically, these laws are in place to ensure that funerals and disposition of remains are performed in accord with the wishes and desires of the decedent and the decedent’s family.
What is funeral home negligence?
A funeral home or cemetery failing to provide the services they were paid to perform and, further, when the funeral home or cemetery mishandles a body, improperly buries a body, and more. If you and your family believe one or more of the following occurred, you have legal recourse:
• Mishandling or losing the decedent’s body or remains
• Presenting the wrong remains to the family
• Mixing cremated remains of multiple bodies
• Failing to have the body available for funeral services or having the wrong body
• Improper embalming of the body
• Burying an empty coffin
• Improperly disposing of a body
• Stealing personal property from the decedent
• Failing to cremate, embalm, or bury the body as set forth in the contract for services
• Sexual assault of the body
• Using the wrong casket, clothing, transportation, and personal and religious items
If you experienced one or more of these devastating, unethical, and unacceptable acts, eligible family members and survivors have the ability to file a lawsuit against the wrongdoers, seeking compensation for the emotional distress suffered.
Even more alarming is the occurrence of funeral home and cemetery negligence as a result of offering services and accepting your family’s money without the adequate storage space and staff during these times in which New York and New Jersey have seen unprecedented deaths.
Although we cannot restore the opportunity to send your loved ones off with respect and tranquility, you can trust us to represent your family to bring justice and monetary compensation.