Cremation Without Consent Wrongful Cremation Lawsuit Lawyer

The loss of a loved one is always a difficult time for family members. Yet even if the family is overcome with grief, specific arrangements must be made almost immediately. And it is in this hour of need you and your family are forced to select the funeral home that will be providing the final preparation and care of your loved one’s body before the wake, memorial service, funeral, or cremation.

During this stressful time, many bereaved are sure to struggle with which funeral home should be entrusted to handle the essential acts of transporting and preparing your loved one’s body. But you make your selection and then move forward with scheduling any services or viewings specified in your loved one’s last requests or that your family feels will best meet the needs of loved ones and friends of the deceased.

As you take on these arrangements, you will quickly find that there is more to the process than most people assume. There is the planning of a celebration of life gathering, a wake, or any other traditions your family follows to say goodbye to your loved one. In addition, there are concerns about supplying clothing and jewelry that you want your loved one to wear for a viewing and arrangements to recover any jewelry or other items you would like to keep before the burial or cremation. And this is the final big decision to make when finalizing the arrangements for your loved one.

Many families are much more comfortable with a traditional burial that entails embalming, purchasing a casket, a burial plot, and many other details. However, the funeral director is typically very helpful in guiding you through these final selections you will make for your departed loved one. Once the choices are made, you are relieved that you will now be able to focus on grieving and saying goodbye to your family member. But in some cases, the worst is yet to come.

If you have returned to the funeral home only to discover that they have cremated your loved one without your consent, it is time to contact the expert wrongful cremation lawsuit lawyers at Kenmore Law Group. The funeral home is likely to have been negligent in the care of your loved one’s body and made a very upsetting mistake. And you and your family could have grounds for a wrongful cremation lawsuit because cremation without consent is a form of negligence in California. Please get in touch with our office 24/7 to learn more about your rights and ability to file a lawsuit against the funeral home.

Understanding Funeral Home Negligence In California

A funeral home must provide reasonable care and services when entrusted with a decedent. It is their legal duty to perform specific tasks related to the handling and care of the body within specific parameters and guidelines. This applies to any body that is being prepared for burial or interment. If the funeral home or any of its employees fail to meet the standard of reasonable care, they are in breach of duty. They can be held responsible for their acts and your damages which could be financial and emotional. Clearly, cremation without consent is a form of negligence that can cause you and your family immense emotional pain, suffering, and loss, in addition to financial loss. If you have suffered this unforgivable act, please get in touch with the expert wrongful cremation lawyers at Kenmore Law Group to better understand your legal rights and how to move forward with a wrongful cremation lawsuit.

What Is Wrongful Cremation?

Cremation of a body that was intended for burial is wrongful cremation. However, other negligent acts can cause the deceased’s loved ones almost as much added pain and emotional trauma. Some of those acts include:

• Cremation of the wrong body – you might witness the cremation of someone else’s loved one
• Mixing the remains of two deceased
• Providing the incorrect remains to the deceased family
• Cremation of the body before the family has a service or visitation to say goodbye to their loved one

All of these events are painful and should never occur. However, when a mistake like any of these examples is made, the loved ones of the deceased have good reason to contact the wrongful cremation lawyers at Kenmore Law Group to explore their options for a wrongful cremation or cremation without consent lawsuit.

In addition, one more facet of wrongful cremation is even more disturbing than these honest yet painful mistakes. A funeral home and the funeral director are grossly negligent when they commit a wrongful cremation to hide other errors or negligent acts pertaining to the care of your loved one’s body. Embalming errors, dropping or mishandling a body, or intentional, inappropriate acts can result in the body becoming brutally disfigured. In these cases, there is no way to hide the damage and make the body presentable for a wake or funeral service. In these cases, a dishonest funeral home will choose to face cremation without consent accusations to avoid even worse or more punitive outcomes, such as the loss of their license.

If you believe that a California funeral home was negligent in any way in the care of your deceased loved one, including cremation without consent or wrongful cremation, please contact the wrongful cremation lawyers at Kenmore Law Group as soon as possible. We are here to help you through this difficult and painful time to seek the justice you and your lost loved one deserves.

What Is A Wrongful Cremation Law Worth?

There are never predetermined monetary amounts for any negligence lawsuits in California. However, in the case of wrongful cremation, several factors are evaluated to determine the amount of your lawsuit, which include:

• Expenses incurred as a result of the funeral home’s negligence – for example, the cost of a casket and burial plot that you can no longer use
• Compensation for your pain and suffering
• In the case of gross negligence, fraud, or intentional harm, you might also pursue punitive damages
• Legal fees

The team at Kenmore Law Group will work with you and your loved ones to determine all of the expenses that should be considered for compensation due to the neglect of the funeral home handling your loved one’s care and final arrangements.

How Long Does A Wrongful Cremation Settlement Take To Process?
Each lawsuit is different in the amount of information that must be gathered, the documentation required to back up the claim of negligence, and the actions of the defendant and their acceptance of responsibility. Each of these factors will impact how long it takes for the case to be completed and for you to receive your settlement money. It is also essential to understand that you have two years from the date of the incident to file a negligence lawsuit in California. If you wait until the Statute of Limitations has expired, you will no longer have a right to seek compensation for the wrongful cremation of your loved one.

The Kenmore Law Group Zero Fee Guarantee

As you work through coming to grips with the wrongful cremation of your loved one and the cost of their funeral, the last thing you need to be worried about is added legal fees and the financial; complications they can bring to your budget. At Kenmore Law Group, we understand your concerns about taking on potentially costly legal fees. But we also know that without expert legal guidance, you are not likely to secure the full compensation you and your deceased loved one deserve. So we offer a zero fee guarantee to remind our clients that we never send out a bill until we have completed their case and secured a settlement. Our goal is to help you through this harrowing time and help you preserve the memory of your loved one in an honorable and comforting manner.

Free Second Opinions

Have you taken your wrongful cremation case to another law firm and been turned away? Do you still believe you have grounds for a wrongful cremation lawsuit? If so, call Kenmore Law Group for a free second evaluation of your case and the circumstances of your loved one’s wrongful cremation. We pledge to provide an honest assessment of the validity of your claim and the potential for a favorable settlement. Our goal is to provide expert legal services when you need them the most to ensure that justice is served for you and your lost loved one.