California Personal Injury Blog

A recent California case of a woman’s personal loss shows how important it is to document incidents and events related to the cremation of deceased individuals. In California, there are several advocacy groups put together to protect the rights of survivors of the deceased. Sadly, a range of incidents can still occur involving the separation of those cremated from their loved ones in the form of misplaced or stolen ashes.

In a recent case against Bank of America affiliates, a California woman is pursuing her legal rights after representatives took her dead husband’s ashes from her home during the process of a foreclosure. People experience this type of situation more regularly than some might think, but, in many cases, the loss of cremated ashes occurs due to the negligence of a funeral home or mortuary business. In these cases, the incident is often referred to as funeral home abuse in which a business abuses the rights of its clients in a significant way while disrespecting the remains of their family members.

If you or someone you love has experienced funeral home abuse or a similar situation involving misplaced or stolen ashes, call our Orange County personal injury attorney, Samer Habbas. Mr. Habbas is experienced in helping his clients and seeking the compensation to which they are entitled under the law. Contact The Law Offices of Samer Habbas at 888-848-5084 to find out how this dedicated personal injury attorney can help you build a case against a funeral home, cemetery, mortuary business, insurance company or other business. Call today to schedule a consultation to discuss your case.

Reports from the state of California indicate that investigations into funeral home practices may continue into 2011. Articles from a blog called Your Funeral Guy and other independent remarks follow a potential investigation into the California Funeral Directors Association, a group charged with oversight of various funeral home abuse and related practices.

One of the aspects of ongoing debates about possible funeral home “scamming” is related to prepaid funeral services. In these contracts, families may reserve funeral services up front with a deposit. Some consumer advocates claim that these programs, in many states, can violate the idea of a good faith agreement between a customer and a service provider.

Prepaid services are not the only area of controversy regarding funeral home abuse and related practices in the state of California. Too often, investigations reveal practices by funeral homes and businesses related to the mortuary industry that do not respect the rights of customers and the dignity of deceased individuals. Many families have chosen to rely on an attorney to help them proceed when they feel there may be something awry in their dealings with a local mortuary business.

If you or someone in your family is having problems with a funeral home or mortuary business, call our Southern California funeral home abuse lawyer, Samer Habbas. Mr. Habbas has experience dealing with these kinds of claims, and he can answer your questions about your rights under the law. As a dedicated and professional personal injury attorney, Mr. Habbas will handle all aspects of your funeral home abuse case and provide you with timely updates. Call The Law Offices of Samer Habbas at 888-848-5084 today to schedule a consultation to discuss your case.

Those who are grieving for a family member who has passed away have a right to expect that funeral homes and similar businesses will take appropriate reactions to respect and safeguard the body and possessions of the deceased. The California Cemetery and Funeral Bureau, a branch of the state’s Department of Consumer Affairs, is helping to make sure that families receive the service they deserve from funeral homes across the state.

As part of the state’s regulatory apparatus, the California Cemetery and Funeral Bureau provides oversight of cemetery and funeral related industries all over California. One way that this agency is helping Californians is through modern filing methods. The Bureau offers various ways to file a grievance against an employee of a cemetery, mortuary or other funeral business. These include calling a consumer information hotline at 1-800-952-5210, filling out a simple online form or downloading and printing the same form to mail in.

Too often, dishonest mortuary companies are found to be disregarding proper burial standards, re-using funeral materials or otherwise cutting corners, much to the detriment of their customers. Besides filing with the California Cemetery and Funeral Bureau, another thing that a family can do in this tragic situation is turn to an experienced attorney for help.

If your family is dealing with a situation involving funeral abuse, call our California funeral abuse lawyer, Samer Habbas. Mr. Habbas has handled all kinds of personal injury claims, and he has helped numerous clients recover damages from negligent parties. Contact The Law Offices of Samer Habbas at 888-848-5084 today to find out how we can help you.

Abuse of the dead in any way is not only unlawful, it is anathema to rational, caring people everywhere. To compound a family’s loss with this type of insult is unconscionable, and our California funeral home abuse lawyers take these matters very seriously. Our Orange County funeral home abuse attorneys feel that accurate information is one of the most effective ways to prevent this kind of abuse. To that end, here are excerpts from the California Health and Safety Code regarding proper care of the dead:

7050.5(a) Every person who knowingly mutilates or disinters, wantonly disturbs, or willfully removes any human remains in or from any location other than a dedicated cemetery without authority of law is guilty of a misdemeanor, except as provided in Section 5097.99 of the Public Resources Code.

7051. Every person who removes any part of any human remains from any place where it has been interred, or from any place where it is deposited while awaiting interment or cremation, with intent to sell it or to dissect it, without authority of law, or written permission of the person or persons having the right to control the remains under Section 7100, or with malice or wantonness, has committed a public offense that is punishable by imprisonment in the state prison.

7051.5. Every person who removes or possesses dental gold or silver, jewelry, or mementos from any human remains without specific written permission of the person or persons having the right to control those remains under Section 7100 is punishable by imprisonment in the state prison. The fact that residue and any unavoidable dental gold or dental silver, or other precious metals remain in the cremation chamber or other equipment or any container used in a prior cremation is not a violation of this section.

As you can see, failing to respect the dead and their survivors is a very serious crime. If you have any reason to believe that a loved one has had possessions taken from his or her body or has otherwise been treated improperly, call 888.848.5084 today. The Los Angeles funeral home abuse lawyers on our staff will launch a thorough investigation. If proper handling procedures have not been followed or the deceased has been violated in some way, we will help you and your family seek damages against the at-fault individual(s).