The death of your loved one is one of the most emotional and painful experience you can endure in life. During the time of mourning and grief, you will be looking for dedicated, supportive funeral home to handle funeral and burial arrangements to ensure that your loved one is sent to his/her final resting place with dignity and honor.
The good news is that most funeral homes in Staten Island and the surrounding areas are professional and offer services which meet or exceed expectation. Unfortunately, like other business, there are other funeral homes that offer additional grief to the grieved families: they fail to meet their professional obligations. Such funeral homes and cemeteries normally shortchange their clients to enhance their profits and careless about their services. If you and your family have been exploited or manipulated during your most difficult time, you deserve justice for your legal rights.
What Constitutes Funeral Home Negligence
Negligence is when a funeral home mishandles the body of the deceased body, fails to offer the services for which you and your family paid for, makes mistakes as a result of negligence or takes advantage of a grieving family that is in a vulnerable position. Some of the common funeral home negligence and perhaps unethical actions include, but not limited:
- Stealing organs and reselling them
- Improper storage of the body
- Improper embalming a body
- Losing cremated remains
- Burying the wrong body or burying the body in the wrong plot
- Stealing personal property such as gold fillings, jewelry and heirlooms
- Dropping a body while transporting it
- Misappropriating fund
- Abuse of a corpse
- Coffins dug up and resold
- Overcharging for procedures
- Improper disposal of the body
- Mixing the ashes of multiple individuals
- Excessive decomposition of remain
- Using a defective or broken casket
- Placing multiple bodies in one coffin
Funeral Home Negligence Compensation claims
If you believe that you and your family have been mistreated or that funeral home made egregious errors, it is important to discuss your situation with an experienced personal injury attorney in Staten Island. Your funeral lawsuit may result in financial compensation for the damages, and most significantly, it may expose a negligent business and prevent similar injustice from happening to any other grieving families. It is difficult to put a monetary value on your emotional distress, but a skilled personal injury lawyer will make sure that fair compensation is offered and the at-fault parties are held accountable. It is important to act immediately, because any personal injury claim must be filled within a specific period of time. Failure to file your funeral home claim prior to the statute of limitation will eliminate your right to compensation.
Proving Negligence in Funeral Home Cases
It is important to note, however, that every action of rudeness, inattention or carelessness may rise to the level of personal injury lawsuit. Winning a personal injury claim for funeral negligence or abuse will require you to prove that the funeral home owed you and your family the duty of care, the funeral home breached the duty, the breach of duty resulted to the proximate cause of your injuries or loss.
Hire an experienced personal injury attorney in Staten Island if you have any question about funeral home negligence to determine whether the actions of the funeral home could amount to negligence or abuse.