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. Specific examples can help illustrate such incidents’ devastating impact on grieving families. Below are hypothetical scenarios based on common types of funeral home negligence to clarify how these issues might arise.
Losing the Body or Ashes of the Decedent
A family entrusted a funeral home with their grandfather’s remains for cremation. When they returned to collect the ashes, the funeral home mistakenly handed them the ashes of another individual, claiming their grandfather’s ashes had been misplaced. The mix-up caused deep emotional pain and confusion.
Mishandling the Body of the Decedent
During preparation for a viewing, a funeral home left the body of a decedent unrefrigerated for several days due to a faulty cooling system. The body deteriorated significantly, and the family was unable to have an open-casket service as planned, adding to their grief.
Burying or Cremating the Wrong Body
A family arrived at the graveside service for their mother only to realize that the casket being lowered into the grave did not contain her body. The funeral home had mistakenly sent her remains to be cremated, directly against the family’s wishes.
Sexual Abuse of a Decedent
A funeral home employee was discovered tampering with a body during embalming procedures. When the family became aware of the incident, they experienced severe emotional distress, leading to legal action for damages and punitive measures.
Selling Parts or Organs of the Decedent’s Body
A family discovered that the funeral home had removed and sold the decedent’s corneas without their consent. They were horrified to learn that this practice had occurred after signing what they thought were routine paperwork documents.
Cremating or Burying Without Consent
The family requested a delay in cremation so that out-of-town relatives could view the body. Despite this, the funeral home proceeded with cremation within 24 hours, leaving the family devastated and unable to say goodbye.
Using the Wrong Gravesite or Plot
A husband was buried in what the family believed to be their pre-purchased family plot. Years later, during a cemetery visit, the family discovered the grave was in an entirely different section of the cemetery, surrounded by strangers, due to an error in recordkeeping.
Providing the Wrong Body at the Service
At a funeral service, the casket presented to the family contained the body of an unrelated individual dressed in the decedent’s clothing. The funeral home attempted to claim the mistake was minor and easily fixable, dismissing the family’s concerns.
Unlicensed or Unqualified Personnel Conducting Services
The funeral home hired unlicensed staff to perform embalming and preparation work. As a result, the decedent’s body was poorly preserved, and fluids leaked during the viewing, causing deep embarrassment and distress to the grieving family.
Theft of Personal Items from the Deceased
The family requested that their grandmother be buried with her wedding ring and necklace, both of which were of great sentimental value. The family noticed the jewelry was missing at the gravesite, and the funeral home denied any wrongdoing, leading to suspicions of theft.
What Are the Elements of a Funeral Home Negligence Claim?
To successfully establish a claim for funeral home negligence, a funeral lawyer must prove that the funeral home’s actions failed to meet the professional and legal obligations owed to the deceased and their family. These cases hinge on demonstrating that the funeral home’s conduct fell below accepted standards of care, leading to harm or distress.
The process involves linking the funeral home’s specific negligence to the damages suffered by the family, whether emotional, financial, or otherwise. Each claim must be supported by evidence that clearly illustrates how the funeral home’s actions deviated from what would be reasonably expected in such circumstances. The core elements of a negligence claim include:
- 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.
By addressing these elements, a funeral lawyer can establish a compelling case for negligence and help families seek the justice they deserve. This framework not only ensures accountability but also reinforces the importance of professional standards in an industry where trust is of the utmost importance.
Requirements for Emotional Distress Claims
Filing an emotional distress claim against a funeral home is a complex process that requires meeting specific legal criteria. Courts typically do not allow emotional distress claims for minor grievances or inconveniences; the plaintiff must prove that the funeral home’s actions were sufficiently severe to cause profound psychological harm.
This is particularly important in cases involving funeral homes, as families already experience heightened emotions during the grieving process. The law aims to distinguish between ordinary emotional suffering, which is common in situations involving death, and severe emotional distress caused directly by the funeral home’s negligence or misconduct. By establishing key legal elements, individuals can demonstrate that the harm they experienced goes beyond the expected sadness or grief that accompanies the loss of a loved one. Below are the fundamental requirements necessary to pursue such a claim.
While the exact requirements can vary by jurisdiction, the following are generally applicable:
- Outrageous or Negligent Conduct: The funeral home’s actions must be either grossly negligent or so extreme and outrageous that they are considered intolerable in a civilized society.
- Causation: The plaintiff must demonstrate that the funeral home’s actions directly caused the emotional distress. This includes linking the specific negligent behavior to the harm suffered.
- Severity of Emotional Distress: The emotional distress experienced must go beyond ordinary grief or sadness. It should be severe enough to interfere with the individual’s daily life or mental health.
- Physical Manifestation (in some cases): In some jurisdictions, courts may require evidence of physical symptoms resulting from emotional distress, such as insomnia, weight loss, or anxiety.
By meeting these requirements, claimants can establish a foundation for pursuing legal action.
Proving Emotional Distress
Proving emotional distress in a legal claim requires more than just expressing feelings of grief or disappointment. Emotional distress cases hinge on the ability to provide credible evidence that the funeral home’s negligence or misconduct directly caused significant psychological harm. This process can be challenging, as emotional suffering is inherently subjective and varies from person to person. Legal systems often demand objective proof of the distress, which can include medical diagnoses, physical symptoms, and corroborating witness accounts.
The goal is to demonstrate the severity of the impact and its direct connection to the funeral home’s actions. Given the sensitive nature of these claims, plaintiffs must carefully document their experiences and gather supporting evidence to build a strong case. Below are the key methods for effectively proving emotional distress in court.
Proving emotional distress involves presenting clear and convincing evidence of both the funeral home’s conduct and the harm suffered. The following can strengthen your case:
- Documentation: Keep records of any communications with the funeral home, photographs of the incident, or other evidence demonstrating the negligence.
- Witness Testimony: Statements from friends, family members, or others who observed the impact of the funeral home’s actions can corroborate your claims.
- Medical Records: Reports from mental health professionals, such as therapists or psychiatrists, can provide evidence of the psychological harm caused by the funeral home’s negligence.
- Expert Testimony: Expert witnesses, such as psychologists, can provide professional opinions on the severity of the emotional distress and its connection to the funeral home’s actions.
- Evidence of the Funeral Home’s Conduct: Proving the funeral home engaged in negligence, misconduct, or breach of duty is critical to establishing liability.
The strength of this evidence can determine the success of the claim.
Who Can File a Claim?
Legal Standing and Eligibility
Not everyone can file an emotional distress claim against a funeral home. Generally, the following individuals are eligible:
- Immediate Family Members: Spouses, children, and parents of the deceased typically have standing to sue. These individuals are most directly impacted by the funeral home’s negligence.
- Close Relatives or Dependents: Siblings, grandparents, or other relatives who were closely involved with the deceased may also have standing, depending on the circumstances.
- Executors or Administrators of the Estate: In some cases, the individual responsible for managing the deceased’s estate may have standing to file a claim on behalf of the family.
Eligibility is typically limited to those who have a direct and close relationship with the deceased.
How Long Do I Have to File a Claim?
The Statute of Limitations
Claims against a funeral home must typically be filed within a specific time frame, known as the statute of limitations. The duration varies by jurisdiction and may depend on the nature of the claim, such as negligence or intentional infliction of emotional distress.
To preserve your right to file a claim:
- Act Promptly: Begin the legal process as soon as possible to avoid missing deadlines.
- Consult an Attorney: An experienced funeral home negligence attorney can help identify the applicable statute of limitations and ensure your claim is filed on time.
Failing to act within the statute of limitations can result in the loss of your right to seek compensation, making timely legal action crucial.
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 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.
