3 Types of Damages in Funeral Home Negligence Cases
Damages in Funeral Home Negligence Cases

The Types of Damages in Funeral Home Negligence Cases

Losing a loved one is a challenging experience, but when funeral homes fail to provide the expected level of care and services, the emotional distress compounds.

Deathcare services must provide services with a duty of care owed to their clients. The duty of care encompasses handling, preparing, and displaying the deceased respectfully and appropriately. Specific laws and regulations also apply to funeral homes, including requirements for obtaining proper licensing and adhering to health and safety standards when handling human remains. Failure to meet these obligations may result in fines, revocation of licenses, and potential lawsuits for negligence or emotional distress.

Examples of negligence can include mishandling of the body, improper preparation for burial or cremation, misrepresentation of services or merchandise, negligence in maintaining facilities, and failure to follow through with agreed-upon arrangements. Funeral home negligence lawsuits seek justice and compensation for the emotional distress, financial losses, and harm caused by the funeral home’s bad actions.

When considering filing a claim against a funeral home, it is helpful to understand the types of damages in funeral home negligence cases.

Economic Damages

Economic damages are significant in compensating for the financial impact of the funeral home’s conduct on the individual and their loved ones. When the funeral home’s actions result in financial hardships, recovering economic damages can help alleviate these burdens. In addition, it can provide a sense of justice and closure for the affected party, knowing they are seeking fair compensation for the financial strain caused by the funeral home’s negligence.

Examples of economic damages may include:

  • Actual damages include costs for items such as a casket, urn, flowers, and deathcare services performed by the funeral home.
  • Medical bills incurred for injuries sustained due to the funeral home’s negligence while
  • Lost earnings from time taken off work to address these injuries.

In funeral home negligence claims, the potential value will depend on the case’s specific facts and the ascertainable financial harm to the claimant.

Non-Economic Damages

Non-economic damages are a significant component of a funeral home negligence case for various issues; examples include claims for emotional distress and a loss of enjoyment in life. Emotional distress often has a profound impact on the plaintiff’s well-being, resulting in anxiety, depression, and other mental health issues. Additionally, the loss of enjoyment in life or the inability to partake in once-enjoyed activities can have a lasting impact on the plaintiff’s overall quality of life.

These impacts need consideration when seeking damages in a funeral home negligence case, as they represent the true extent of the harm caused by the negligence.

Non-economic damages must be documented and supported by evidence such as medical records or the opinions of mental health experts.

Punitive Damages

In cases where the funeral home’s actions were intentional or particularly egregious, punitive damages may also be applicable. These damages punish the defendant for their conduct and deter similar behavior in the future. However, punitive damages are only sometimes awarded and will depend on the case’s specific circumstances.

Contact Traction Law Group

At Traction Law Group, we understand the emotional and financial toll that funeral home negligence can take, and we are here to help you. Our experienced attorneys will listen to your story, provide compassionate support, and fight tirelessly. You and your family deserve to have your voices heard. Contact Traction Law Group today to discuss your case and take the first step towards seeking justice and holding funeral homes accountable.

Resources: The Two Different Types of Compensatory Damages

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