Improper Handling Of A Dead Body Lawyer

One of the most challenging tasks you will ever face is the death of a loved one. The grieving process makes every choice and action more draining and challenging as you try to provide the answers and selections required to move forward with the burial of that loved one and the viewing or funeral service that will allow you and other family and friends to say goodbye one last time. In these times of pain and sorrow, many families rely on a trusted funeral home or mortuary to guide them in the somewhat lengthy process of preparing for a funeral sendoff.

Sadly, not all families get the support and genuine caring that you might expect from a funeral director or funeral home. It is painful to think of the many families who are taken advantage of in their moments of profound weakness. But at these times when you feel all but overwhelmed by the choices and heartbreaking reality that your loved one’s body was mishandled by a funeral home, please know that Kenmore Law Group is here to help. Our staff can be reached 24/7 to ensure you have the legal guidance needed whenever you feel there has been misconduct or improper handling of your loved one’s dead body.

In addition to the time-sensitive information provided by our office staff, we hope you will take the time to book a free consultation with a seasoned Kenmore Law Group improper handling of a dead body lawyer to discuss the facts of your claim thoroughly. Once they have all the vital facts, they will relate the legal merit of your claim and if you have grounds for an improper handling of a dead body lawsuit. Then, all the choices are up to you and your loved one. Our firm will never pressure you to file a lawsuit, and you are never obligated to hire our firm, regardless of your choice to make a claim. We only ask that you contact our experts quickly, as there is a time limit for you to file a lawsuit and seek compensation and justice for the harm or improper handling of your loved one’s body.

Common Signs Of Mishandling Of A Dead Body
You might think that it would be nearly impossible to know if your deceased loved one had been mishandled by the staff at the mortuary or funeral home. However, that is only true in some cases. In others, it becomes clear the moment you arrive at the funeral home to view the body that something is not right. Some of the most common indications of issues or improper handling of the deceased include:

• A foul odor or stench to the body because it was not thoroughly cleaned or properly embalmed
• When you view your loved one, they do not look as you expected or as the funeral director explained they would look – in some cases, the body does not even look like your loved one due to poor care in applying makeup and positioning the body
• You are told that the body was damaged during the process of preparing it for burial and that you will not be able to have an open casket viewing due to the damage or disfigurement
• The casket falls from the stand or is dropped when it is being moved or transported, and your loved one is dumped from the casket

All of these are signs of common mishandling of a dead body. However, some are also indications of much more severe and unthinkable disregard for your loved one’s body. In cases where the family is not permitted to see the body, it is expected to discover the deceased was a victim of dismemberment so the funeral home could sell body parts. Another common fraudulent act involving a closed casket funeral is hiding other body parts in the casket with your loved one. These are measures taken by the funeral home to reduce costs or to hide bodies that they are not willing to admit they processed, which are usually involved in other illegal activity. If you feel anything is amiss when you return to the funeral home to view your deceased loved one, please contact Kenmore Law Group immediately for help with this legal matter.

Understanding The California Funeral Home Negligence Laws
There are state laws that regulate or govern many industries. The funeral home business is covered by many laws that deal with the health and safety of others, as well as the industry standards created by funeral directors and associates. These laws and guidelines apply to the funeral director and all staff at the facility. If any of them fail to meet the duty of care established for the industry, the funeral home is considered negligent in its duty of care. It is also possible that the family of the deceased who was improperly handled can sue the facility.

The expectations placed on all funeral home staff include:

• Careful and respectful transportation of the dead body
• Proper cleaning and embalming of the dead body
• Ethical and responsible care of the dead body
• Compliance with all state laws and industry standards

It is also critical to know that the staff is legally obligated to meet all the special requests that are included in the contract between the family of the deceased and the funeral service. If they fail to provide the required or requested services professionally, they can be deemed negligent, and the family could seek compensation via an improper handling of a dead body lawsuit.

Who Can Sue The Funeral Home For Improper Handling Of A Dead Body?
The stress on the family member who is handling the arrangements for a funeral is often excessive. They are struggling to manage their grief while still focusing on the tasks at hand and making the right choices to meet the last requests of their loved one and the needs of the rest of the family to say goodbye at a respectful service. When there are issues or the appearance of improper handling of a dead body, the person who made the arrangements can feel a massive amount of guilt and find it difficult to decide if they should take legal action against the funeral home. Families should know that any of these family members can legally pursue action against the funeral home for improper handling of a dead body:

• The deceased surviving spouse
• The deceased surviving children
• A surviving parent of the deceased
• Any adult siblings of the deceased
• An adult relative who is competent and shares the next level of kinship, such as a cousin, an aunt, or an uncle

How Much Is The Average Compensation For An Improper Handling Of A Dead Body Lawsuit?
There are no predetermined compensation amounts for any lawsuit. So, you will work closely with the legal team at Kenmore Law Group to compile all of the items that can be included in your claim. It is also vital to remember that no amount of money can erase the added pain and trauma of knowing that your deceased loved one’s body was mishandled while being prepared for burial. However, the money received from the funeral home in the form of compensation can help to cover the added costs and expenses you and your family incurred because of this unthinkable event. The items most often included in the compensation are:

• Any legal fees related to the improper handling of a dead body lawsuit
• Expenses paid to another funeral home to properly prepare your loved one for burial or to correct any issues or lack of services provided by the funeral home you originally selected
• Fees paid to the funeral home that was negligent in their duty of care and preparation of your loved one for burial
• Any medical expenses incurred by the family if the negligence caused undue stress or medical harm to family members who were forced to seek medical care or therapy because of these events
• Your lost income if you missed work while trying to right the wrongs caused by the negligent funeral home
• If the case involves gross negligence and fraud, such as those involving the sale of body parts, you and your loved ones can seek punitive damages from the funeral home

How Long Do I Have To Sue The Funeral Home Or Mortuary?
The loved ones of a deceased whose body was improperly handled have two years from the date of the incident to file a claim with the court. If the case is not filed in that time, they lose the right to seek compensation and justice for the harm caused to their loved one’s dead body. Please contact Kenmore Law Group to discuss the time remaining for you to take action on behalf of your lost loved one and family.

No Upfront Legal Fee Or Expenses
After covering the cost of a loved one’s funeral and making all of those stressful choices, the last thing you need to face is more fees from your legal team. At Kenmore Law Group, we will handle any lawsuit without asking for any upfront fees. We only get paid after the case is completed, and you have the compensation needed to cover your legal costs and other expenses. Finally, if our expert improper handling of dead body lawyers fails to win your case and deliver the funds you need, you owe Kenmore Law Group nothing for our time preparing, filing, and litigating your case. Please reach out today to allow us to resolve this painful legal matter.