Suing Funeral Homes for Emotional Distress – Your Rights Explained
Dealing with the negligence or misconduct of a funeral home is the last thing anyone needs during the emotional time of losing a loved one. Unfortunately, malpractice issues are common in the death care industry and often compound the loss of grieving families.
In this comprehensive guide, we answer the question, “Can you sue a funeral home for emotional distress?” we provide examples of potential funeral home negligence cases, the essential elements of a negligence claim, the types of lawyers that handle such cases, and the process of filing a complaint with the state funeral board.
Can You Sue a Funeral Home for Emotional Distress?
Yes, it is possible to take legal action against a funeral home for emotional distress if their negligent actions or misconduct have caused harm to you and your family. These types of lawsuits are categorized as funeral home negligence and can arise from various situations related to deathcare services. It is important to note that each case is unique, and the legal requirements for filing a lawsuit may vary from state to state.
At Traction Law Group, we have extensive experience handling various negligence cases in funeral homes. Understanding the different situations and red flags related to deathcare services can help you recognize if you have grounds for legal action. This list outlines the most common types of funeral home cases:
1. Mishandling of remains: If a funeral home fails to handle, store, or transport the deceased’s body, it can be liable for negligence.
2. Unauthorized cremation: If a funeral home cremates a body without proper authorization or against the family’s wishes, there may be a claim for emotional distress.
3. Misrepresentation: If a funeral home misrepresents its services or provides substandard services, the family may have grounds for a lawsuit.
4. Breach of contract: If the funeral home fails to fulfill the terms of its agreement with the family, it can be liable for damages.
5. Unethical practices: If a funeral home engages in unethical practices, such as price gouging or pressuring families to buy unnecessary services, they can be held accountable in court.
What Are the Elements of a Funeral Home Negligence Claim?
To successfully establish a claim for funeral home negligence, a funeral lawyer must prove the following elements:
- Duty of care: Establishing the funeral home owed the deceased and their family a duty of care, usually by contract or verbal commitment.
- Breach of Duty: The funeral home has a duty to handle arrangements and services professionally, compassionately, and according to industry standards. It must be shown that the funeral home breached this duty of care, for example, by mishandling the body, failing to carry out agreed-upon services, or displaying a lack of respect or sensitivity.
- Causation: The lawyer must demonstrate that the funeral home’s negligence directly caused harm or distress to the deceased’s family or loved ones and that this harm was reasonably foreseeable.
- Damages: Evidence of the actual harm or damages suffered due to the funeral home’s negligence, such as emotional distress, financial loss, or other consequential damages, must be presented.
The Types of Lawyers That Sue Funeral Homes
Funeral home negligence lawyers are legal professionals who handle cases related to malpractice in the death care industry. Our lawyers have experience dealing with cases involving emotional distress, negligence, and breach of contract. They also know the applicable laws governing the industry, making them well-equipped to represent clients in lawsuits against funeral homes.
Filing a Complaint with the State Funeral Board
Victims of funeral home negligence may also seek legal counsel and file a complaint with their state funeral board. The state funeral board plays a crucial role in this process, as it can bring attention to the funeral home’s actions and potentially prevent similar incidents from happening to others.
The Steps to File a Funeral Home Complaint
- Locate the Contact Information: Our comprehensive funeral home complaint guide provides contact information for the funeral board in every state.
- Gather Evidence: Documentation, photographs, and other relevant materials to support your negligence claim.
- Write a Detailed Complaint: Describe the incident, the funeral home’s actions, and the emotional distress or harm suffered by your family.
- Contact the State Funeral Board: Find the contact information for your state’s funeral board and submit your complaint and supporting evidence.
- Await the Board’s Response: The board will review your complaint and may conduct an investigation.
Explore Your Legal Options:
If your family has experienced funeral home negligence, you don’t have to go through this alone. You have rights and legal options available to hold funeral homes accountable for their negligent actions and seek compensation for the emotional distress they have caused. Our compassionate legal team understands the emotional toll such situations can have on families and dedicates itself to helping you navigate the complex legal process to achieve the best possible outcome.
Contact us today for a free consultation, and let us help you protect your rights and secure the compensation you deserve.
Frequently Asked Questions
Can you sue a funeral home for emotional distress?
Yes, you can sue a funeral home for emotional distress if their negligent actions or misconduct have caused harm to you or your family. These lawsuits fall under funeral home negligence and can arise from various issues related to deathcare services. Each case is unique, and legal requirements may vary by state.
Can emotional distress claims be filed alongside other claims against a funeral home?
Yes, depending on the case’s specific circumstances, emotional distress claims can often be filed in conjunction with other claims, such as breach of contract, negligence, or fraud.
What is the difference between negligent infliction of emotional distress and intentional infliction of emotional distress?
Negligent infliction of emotional distress occurs when the funeral home’s careless actions cause emotional harm, whereas intentional infliction of emotional distress involves deliberate or reckless actions intended to cause severe emotional trauma.
How do courts determine the severity of emotional distress in these cases?
Courts look at factors such as the intensity and duration of the emotional distress, the outrageousness of the funeral home’s conduct, and the impact on the victim’s daily life and mental health.
Are there any specific laws protecting consumers from funeral home negligence?
Yes, state and federal laws, such as the Federal Trade Commission’s Funeral Rule, provide consumer guidelines and protections regarding funeral home services.
Can multiple family members file a lawsuit for emotional distress?
Yes, if multiple family members have suffered emotional distress due to the funeral home’s actions, they can potentially file a joint lawsuit or individual lawsuits.
What steps should I take if I suspect funeral home negligence?
Document all interactions and agreements with the funeral home, gather evidence of the negligence, and consult one of our funeral home negligence attorneys to discuss your legal options and the best course of action.
What are common signs that a funeral home may be negligent?
Common signs of funeral home negligence include improper handling of remains, failure to perform agreed-upon services, unexplained delays, and disrespectful behavior toward the deceased or their family.
