Funeral Home Negligence

Mortuary Neglect | Cemetery Neglect | Deathcare Malpractice

Funeral home negligence or abuse occurs when a funeral home or other deathcare provider has neglected to fulfill its duty of care for the body or memory of your deceased loved one.

Although your loved one has passed, their rights survive through your family. You may have the right to sue the funeral home for personal injuries resulting from emotional distress caused by a funeral home’s harmful acts.

At Traction Law Group, we understand the sensitivity required in these delicate situations. Our experienced legal team helps families navigate the complexities of funeral home negligence cases, offering compassionate guidance and robust legal support. 

We handle all funeral home, cemetery, or deathcare provider malpractice issues.

Let us help protect your rights and ensure your voice is heard during this challenging time.


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Funeral home neglect can take many forms and can be a difficult and emotional experience for families.

If you suspect that your loved one has been a victim of funeral home neglect, it’s important to take action. A compassionate and experienced attorney can help you navigate the legal process and hold those responsible accountable for their actions.

Mishandling the Body of the Decedent

Sexual Abuse of A Decedent

Selling Parts or Organs of the Decedent's Body

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Common Funeral Home Negligence Lawyer Questions

If you or a loved one has experienced funeral home malpractice, you likely have many questions and concerns. 

Whether you’re just starting to explore your legal options or need guidance in pursuing a claim, our FAQ can provide valuable information to help you navigate this difficult situation.

A funeral home negligence claim is usually brought on behalf of the decedent’s next of kin.

This may include:

  • Surviving Spouses
  • Surviving Children
  • Surviving Parents
  • In some cases, extended family.

If you’ve been a victim of funeral home negligence, you may wonder how much it costs to hire a lawyer. The good news is that many funeral home negligence lawyers work on a contingency fee basis, meaning they only get paid if you win your case. This fee arrangement can be a relief for families already facing financial hardship due to funeral home negligence.

The contingency fee will vary based on your agreement with your lawyer and whether you settled the case before or after filing a lawsuit. Typically, a contingency fee agreement involves the lawyer receiving a percentage of the total amount recovered in the case. This percentage can vary depending on the complexity of the case and the specific lawyer.

A funeral home negligence lawyer specializes in helping families who have been victims of funeral home neglect. They provide legal guidance and representation to help families seek justice and compensation for the emotional and financial damages caused by negligence.

Some of the key duties of a funeral home negligence lawyer include investigating the details of the case, gathering evidence to support the claim, negotiating with insurance companies and the funeral home, and representing the family in court if necessary. A compassionate and experienced funeral home negligence lawyer can help families navigate the legal process and fight for the justice and compensation they deserve.

Proving a funeral home negligence claim can be complex, involving gathering evidence and building a strong case. To establish a funeral home negligence claim, you and your lawyer must show that the funeral home breached its duty of care to you and your loved one and caused harm.

Some common types of evidence that used to support a funeral home negligence claim include the following:

  • Documentation of the funeral home’s contract and promises made to you and your loved one
  • Photos or videos of the funeral home’s handling of the remains or services provided
  • Testimony from witnesses or other families who have experienced similar issues
  • Expert testimony from professionals in the funeral industry


If you suspect that your loved one has been a victim of funeral home negligence, it’s important to seek the help of a lawyer as soon as possible.

A compassionate and experienced funeral home negligence lawyer can help you gather and present this evidence and guide you through the legal process. They can also help you determine the damages you may be entitled to and fight for the compensation you deserve.

Download Our Family Guide

In the wake of losing a loved one, many emotions and decisions can be overwhelming. Our comprehensive ‘Family Guide’ has been meticulously crafted to be your anchor during these turbulent times. Delve into its pages to gain a deeper understanding of funeral home negligence, from specific examples like mishandling remains or unlicensed staff involvement to the rights that protect you and your family. Discover how our seasoned attorneys can be your advocates, from initial consultations to court representation. 

We recognize the sanctity of your loved one’s memory and the trust you place in funeral homes. When there is a breach of trust, know that we stand ready to champion your rights. Whether you’re seeking answers to pressing questions or need legal representation, our dedicated team at Traction Law Group is just a call away, ensuring you’re supported every step of the way.

Funeral Home Negligence Family Guide

The Emotional Impact

Losing a loved one is one of the most profound and heart-wrenching experiences a person can endure. Families place immense trust in funeral homes to handle the final rites with dignity, respect, and care. Emotional trauma magnifies when there is a breach of confidence due to negligence. Beyond the immediate shock and disbelief, families grapple with feelings of betrayal, anger, and profound sadness. 

The final resting place of a loved one should be a source of solace and remembrance, not a reminder of carelessness or malpractice. It is essential to recognize the deep emotional scars that these distressing events can inflict and its lasting impact on grieving families.

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Legal Rights of Aggrieved Family Members

When funeral homes fail in their duty of care, the law provides avenues for redress. Family members may have the right to:

  • Seek compensation for emotional distress due to the negligence.
  • Demand corrective actions, such as proper burial or cremation.
  • Hold funeral homes accountable for breaches of contract or misrepresentation.
  • Pursue punitive damages in cases involving gross negligence or malicious intent. Aggrieved families must understand their rights and seek legal counsel promptly. Holding negligent parties accountable provides a sense of justice and ensures that such incidents are less likely to recur.
In legal claims arising from funeral home negligence, claimants have various types of damages to pursue, including:
  • Actual Damages: Direct costs incurred due to negligence, such as additional funeral expenses or costs associated with rectifying mistakes.
  • Emotional Distress: Compensation for the psychological trauma and anguish experienced by family members.
  • Punitive Damages: In particularly egregious or malicious cases, courts might award punitive damages to deter such behavior in the future.
Recognizing the signs of negligence early on can be crucial in seeking justice and addressing neglect issues. Some common indicators of funeral home negligence include:

This can manifest as visible signs of neglect, improper storage, or even embalming errors. The deceased should always be treated with the utmost respect and care.

Losing cremated remains or burying in the wrong gravesite can indicate negligence and organizational failure.

Conducting cremations or burials without proper authorization or against the family’s wishes is a grave breach of trust.

If a funeral home fails to provide clear documentation, evades questions about procedures and costs, or is not upfront about any changes or issues, it can be a sign of potential negligence.

The condition of the funeral home’s facilities can also be an indicator. Unsanitary conditions, outdated equipment, or a lack of necessary facilities can all point to negligence.

Unexplained service delays can indicate organizational issues or negligence, especially without communication or valid reasons.

The presence of unlicensed staff handling the deceased or staff who seem unsure or untrained in their duties can be a significant red flag.

Failing to maintain proper records, misplacing important documents, or not providing families with necessary paperwork can indicate negligence.