A Florida funeral home negligence lawyer helps families hold a funeral home responsible when it mishandles a loved one. You trusted a funeral home with someone you love. You expected them to be cared for, identified correctly and laid to rest the way your family chose. When that trust is broken, the hurt runs deep, and it is not your fault.
Traction Law Group is a Florida firm based in Palm Beach County, and funeral home negligence is one of our core focus areas. We review cases for families across the state. Your review is free, and there is no fee unless we win.
Florida Funeral Home Negligence at a Glance
- Who we help: Florida families whose loved one was mishandled, misidentified, lost or cremated or buried against their wishes.
- Cost: Free case review. No win, no fee.
- Deadlines: Short. Reach out as soon as you suspect something went wrong.
- State regulator: Division of Funeral, Cemetery, and Consumer Services, (850) 413-3039
- Our office: Palm Beach County, Florida. We review cases from anywhere in Florida.
Did a Florida Funeral Home Fail Your Family?
Funeral home negligence happens when a funeral home, crematory or cemetery fails to care for your loved one the way Florida law and your contract require. Here is what counts as funeral home negligence.
These are the situations families bring to us most:
- Your loved one looked discolored or swollen at the viewing, and your family had to close the casket (improper body storage)
- Ashes were lost, mixed up or came back with someone else's name on them (mishandled ashes)
- Your loved one's body was lost or sent to the wrong place (lost body or ashes)
- The wrong person was cremated, buried or shown at the service (misidentified remains)
- Your loved one was cremated when the family asked for burial, or before the family signed off (cremation without authorization)
- Your loved one was buried in the wrong plot or moved without permission (wrong gravesite or plot)
- Embalming or preparation was done badly (embalming errors), or the body was handled without respect (mishandling of remains)
- You paid for services the funeral home never delivered
If something about the way your loved one was treated feels wrong, trust that feeling. You don't need to know the legal name for what happened. Here are some warning signs families notice.
It’s time for action. Now is the best time.
Free case review. No fees unless we win.
Is What Happened Serious Enough to Call a Lawyer?
Many families ask us this. If the way your loved one was treated hurt your family, it is worth a conversation. Cases don't have to be dramatic to matter. We will listen and tell you honestly whether we can help.
What to Do if You Suspect Funeral Home Negligence
- Don't sign anything from the funeral home, such as a release, refund agreement or settlement letter, until you speak with a lawyer.
- Keep everything. Save the contract, receipts, the price list, any cremation papers, the urn and any personal items, exactly as they are.
- Write down what you remember while it's fresh: names, dates, phone calls and what staff told you.
- Call us for a free review.
Don't worry if you didn't take photos. Paperwork, receipts and what your family saw all count. Our guide to preserving evidence explains what else helps.
What Happens When You Contact Us
- You tell us what happened, by phone or with the short form.
- Someone from our team calls you to listen and ask a few questions.
- We tell you honestly whether you have a case. The review costs nothing, and you are not committing to anything.
Here is more on how our case review works.
It’s time for action. Now is the best time.
Free case review. No fees unless we win.
Our Results in Funeral Home Cases
- $1,000,000, mishandling of remains: a family whose loved one was wrongfully buried after a misidentification.
- $680,000, wrongful cremation: compensation for improper care and misidentification of a deceased family member.
- $450,000, mishandling of remains: a family whose loved one was cremated despite clear instructions for burial.
Some of these results were obtained with co-counsel. Read about more of our past funeral home cases.
Can You Sue a Funeral Home in Florida?
Yes. Florida's funeral law holds funeral homes, crematories and cemeteries responsible when they break the rules for caring for the dead. Your family may be able to recover what that failure cost you, such as money paid for services you never got. You don't have to prove the funeral home meant to do it.
Many families also want to be compensated for the pain it caused. Claims for emotional distress in Florida may be subject to what lawyers call the impact rule, but funeral home cases have an important exception. When a loved one's body is treated in a way that is willful, malicious or outrageous, families can recover for emotional distress without any physical injury.
You don't need to sort out the law on your own. A free case review can help you understand which options fit what happened to your family.
Learn more in our guide to Florida funeral home laws or read can you sue a funeral home for emotional distress.
Who May Be Responsible
It is often more than the funeral home. Depending on what happened, responsibility can reach the crematory or cemetery it used, a transport company, a hospital or morgue that stored the body, or the company that owns the funeral home.
What Your Family May Recover
Every case is different. Depending on the facts, families may recover:
- Money paid for services that weren't delivered as promised
- The cost of putting things right, such as a re-burial or second service
- Counseling your family needed
- Emotional distress, when the conduct meets Florida's standard
- Punitive damages, when a court allows them
Read more about damages in funeral home cases.
Deadlines Are Short
Florida claims have strict deadlines, and evidence in these cases disappears fast. Storage logs, cremation records and staff schedules can be lost or overwritten. Reach out as soon as you suspect something went wrong.
Why Florida Families Call Traction Law Group
- We are a Florida firm, licensed in Florida, with our office in Palm Beach County.
- Funeral home negligence is one of our core focus areas.
- No win, no fee. You pay no attorney fees unless we recover compensation for you.
- Free case reviews, 24 hours a day.
From Miami, Fort Lauderdale and West Palm Beach to Port St. Lucie, Orlando, Tampa, Jacksonville and Tallahassee, we review cases from anywhere in Florida by phone, video or in person.
Talk to a Florida Funeral Home Negligence Lawyer Today
You shouldn't have to fight a funeral home alone while you are grieving. Tell us what happened, and we will tell you honestly, and for free, whether your family has a case.
Frequently Asked Questions
Often, yes, though Florida sets a higher bar for emotional harm than for money you lost. When a funeral home's conduct goes beyond an honest mistake and is willful or outrageous, families can recover for emotional distress. We look at the facts during your free review and tell you where you stand.
It depends on what happened and what records exist. Many families worry they don't have enough proof. A lawyer can ask for the funeral home's records and help find the facts. Your free review tells you where you stand.
You may. Contracts, receipts, the funeral home's own records and what your family saw all count as evidence. Keep what you have and call us.
Talk to a lawyer before you sign anything. A refund agreement can include language that gives up your family's right to bring a claim.
Many cases settle without a trial. If your case does go to court, we prepare you for every step.
It depends on the facts and how the funeral home responds. Some cases resolve in months, others take longer. We keep you informed the whole way.
It depends on what happened, whether it can be corrected, what your family has been through and how the funeral home behaved. We give you an honest read during your free review.
Nothing up front. We work on a contingency fee: no win, no fee.
Possibly. More than one family member can be harmed. We look at who signed the contract, who had the right to make decisions and who suffered the loss.
The person's own written wishes come first, then anyone they named in writing to decide. After that, Florida law gives the decision to close family in a set order, starting with the spouse and then adult children. A cremation needs written permission from that person.
You can. The Division of Funeral, Cemetery, and Consumer Services investigates licensed funeral homes, crematories and cemeteries, and you can reach it at (850) 413-3039, or toll-free in Florida at 1-800-323-2627. A state complaint can lead to discipline, though it won't get your family compensation. We can help you do both. Our funeral home complaint guide walks through the steps.
Call us or send the short form on this page. Our guide to suing a funeral home walks through the full process.
Speak With Our Funeral Home Negligence Team Today.
Free case review. No fees unless we win.