Emotions can run high after a painful event, such as the death of a loved one. Sadly, this frustration and sorrow is often directed at the funeral home, cremation service or cemetery that performs the final arrangements of a deceased person. Given the prevalence of cemetery cases in Miami lawsuits filed against those in the funeral industry, you need an experienced attorney on your side. After all, regardless of how you choose to say goodbye to your loved one, it is imperative that they are treated with the utmost respect.
Errors committed by a mortuary or funeral home and mix-ups are far more common than most people may realize. From not attending to the loved one's body or not treating the remains of the loved one respectfully and carefully, to dramatic burial errors, funeral homes and mortuaries often make horrific mistakes that may make a painfully difficult time in a family's life even worse.
Funeral homes and mortuaries in Florida conduct thousands of funeral arrangements annually. Errors of the past have forced the State of Florida to heavily control the funeral industry. Among other items, the Florida Funeral, Cemetery, and Consumer Services Act regulates the activities of funeral directing and embalming and its related services.
There are several common allegations against mortuary businesses. Some of these include mistakes with the embalming or cremation of the body, for example. It is possible for a family to be presented remains from the wrong person. Families may also be overcharged for their funeral service, a funeral home employee may attempt to commit theft against the deceased, or the funeral home may try and "reuse" caskets. Other examples include the transportation of bodies without having received the proper permission, using a single plot to bury multiple bodies, and more serious crimes like removing body parts to be sold.
If a mortuary or funeral home does not earn your trust and it does not perform their duties correctly, seeking legal action may be the solution. Depending on the case, several persons can be prosecuted like the funeral home, the cemetery, and the individuals that played a direct role in committing the mistakes. The people who may sue for funeral malpractice and negligence in Florida include surviving children and spouse(s), surviving parents or anyone mentioned in the deceased's will as having the right to the property specified in that will.
Funeral homes should face legal consequences for such acts when bodies are dropped, several bodies are used in one casket and otherwise refuse to use caution when handling a loved one's remains.
The general information provided above about cemetery cases in Fort Lauderdale is meant for educational purposes only and is not a substitute for speaking directly with an attorney about the facts and circumstances of your case. Please call 954-500-0003 in Broward or 305-674-0003 in Miami to schedule a consultation with the Law Offices of Mark Eiglarsh.