Idaho Funeral Negligence Lawyer
The period after a loved one’s death is a difficult and uncertain time. Emotional hardship, pain and suffering, and expensive funeral services create a painful and stressful situation for everyone involved. When a family member passes away, you expect the funeral services to be performed thoroughly and professionally. However, though many funeral homes do provide quality services, they are just as likely to be negligent in their work as any other business.
Funeral home mistakes occur more often than people think, and are increasing rapidly. However, if you are the victim of funeral home negligence, you are in the right place. We encourage you to speak with an Idaho funeral negligence lawyer to determine if you are eligible to be compensated for the damages against you. Though filing a claim may feel awkward or unnecessary, by doing so you are protecting yourself and other families from similar behavior occurring repeatedly.
Though we recommend an in-person consultation to discuss your funeral negligence case, this information may help you understand where you currently stand.
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Forms of Funeral Negligence
Though many instances of funeral home negligence are accidents, some are deliberate attempts to take advantage of those in their care. Nevertheless, whether or not the accident occurred on purpose does not excuse the emotional and financial harm it causes. The following are generally the most common forms of funeral negligence.
1. Improper handling of remains
Handling the remains of the deceased is a process that requires great care and attention to detail. However, errors are made much too frequently. Some ways that funeral homes and mortuaries handle remains improperly include:
- Delivering the wrong body or remains to the family
- Burying multiple bodies in one plot
- Dropping the body or damaging it in some way
- Incorrect embalming or cremation
- Producing the wrong body for a viewing
- Any other mutations of the corpse
2. Embalming Negligence
Embalming is a delicate process, and if not done correctly can have serious consequences. Though not generally done intentionally, incorrect embalming can result in:
- Inadequate preservation
- Deformation of the corpse
- Unoptional closed casket services
3. Cremation Negligence
Funeral negligence applies to all services, not only traditional interments. Cremation is a fairly popular choice, and funeral homes are equally liable to perform them correctly as they are standard burial services. Cremation negligence includes:
- Cremating the wrong body
- Mixing cremated remains
- Cremating a body accidentally or without permission
- Cremating a body to cover up embalming errors or other disfigurements
- Delivering the wrong remains to the family
4. Cemetery Negligence
Together with the funeral home, cemeteries are responsible to see that the burial is done properly and that the plot is adequately cared for and protected. Ways in which cemeteries and funeral homes can both be negligent include:
- Burying the wrong body
- Failing to prevent vandalism
- Improper maintenance of the plot
- Burying multiple bodies in one plot to save money
- Moving a body without the family’s permission
5. Theft and Dishonesty
Unfortunately, some funeral homes and mortuaries misuse their position of trust by taking advantage of their customers to save or make extra money. Some ways in which a funeral home may take advantage of the deceased and their loved ones can include:
- Harvesting and selling organs illegally
- Dishonestly overcharging for funeral services
- Stealing personal items from the deceased such as jewelry and clothing.
- Selling previously used caskets that are labeled as new
If you and your deceased loved one are victims of one or more of these infractions by a funeral home, you are likely eligible to be compensated for your financial losses and emotional distress through a personal injury claim. To talk about your rights and options, we encourage you to speak with an experienced Idaho funeral negligence lawyer as soon as you can.
How To Prove Negligence
Funeral negligence is generally very blatant and particularly frowned upon, thus making it fairly easy to prove. In order to file a successful claim, you must prove:
In other words, you need to provide proof that the funeral home had a duty to provide quality, professional services. Second, that they were negligent in some form and breached that duty. And finally that the breach resulted in clear harm to you and/or the body of your deceased loved one.
Though the errors may be obvious, we strongly suggest that you speak with an Idaho funeral negligence lawyer to prove that the funeral home was in fact negligent. Doing so will greatly increase your chances of filing a successful claim and being compensated for your losses.
What Can a Personal Injury Claim Compensate Me For?
Funerals can present both emotional and financial challenges. Consequently, funeral negligence cases must take emotional and financial damages into account when determining how much compensation should be awarded to a victim.
If you are the victim of any of the previously listed forms of funeral negligence, you can potentially receive compensation for:
- Pain and suffering
- Emotional and psychological distress
- Financial losses
- Punitive damages (mandatory payments with the purpose of punishing the funeral home)
Image courtesy of Hansen Injury Law.
Talk To an Idaho Funeral Negligence Lawyer Today
At Hansen Injury Law, we meet with and help real people every day who have lost family and friends due to accidents. We know it is a challenging time, and also understand that it becomes even more difficult when funeral homes are negligent in their work or wrongly take advantage of you. That is why we want to help. By allowing us to handle your claim, we can hold the funeral home responsible, prevent such misfortune from happening to others in the future, and recover the compensation you need and deserve.
If you and your deceased family member have fallen victim to any form of funeral negligence, contact a qualified Idaho funeral negligence lawyer at Hansen Injury Law today. Together, we will review your case and give you the help and advice you need during this uncertain time.