EXPERIENCED LOS ANGELES
FUNERAL HOME ABUSE LAWYERS
When a family has lost a loved one, they put their trust in the funeral home they choose to perform the necessary services with care, honesty, and respect. Yet, some funeral homes fail to provide those services, whether intentionally or through negligence, and it occurs more often than you might think in Los Angeles and the US.
Funeral home abuse can result in emotional suffering and financial loss to a family that is already grieving, leaving them feeling defenseless and helpless. When funeral home abuse occurs, the families affected by the abuse need a strong advocate by their side to help them seek damages against the at-fault party. They should seek the counsel of an experienced Los Angeles funeral home abuse attorney to explain the laws, answer their questions, and advise them of their legal options.
Do you believe that you or a loved one has been a victim of funeral home abuse? The Los Angeles funeral home negligence attorneys at the Law Offices of Samer Habbas & Associates can help! Our personal injury lawyers have extensive knowledge and experience in handling funeral home abuse cases. With multiple offices located in Los Angeles, El Segundo, Irvine, Anaheim, Riverside and San Diego, our funeral home abuse attorneys represent grieving families across Southern California. For more information or to schedule a complimentary consultation with an experienced Los Angeles funeral home abuse lawyer, please call 949-727-9300.
Common Acts of Funeral Home Abuse
When a loved one has died, friends and family members rely on funeral home directors and staff to treat the deceased with the respect and care that he or she deserves. They also trust that staff members won’t take advantage of the difficult situation and distracted family members. Too often, funeral homeowners and staff betray that trust by willfully deceiving grieving families. Here are some common abuses committed by funeral homes:
- Overcharging for services or charging for services not performed
- Stealing jewelry and other personal items
- Placing more than one body in a closed casket
- Removing and selling body parts
- Failing to properly secure a burial site
- Failing to correctly embalm a body
- Failing to properly store a body
- Cremating the incorrect body
- Losing a body or ashes
- Dropping or mishandling a body
Can you sue the Funeral Home?
Funeral home negligence, or willful abuse, results from such things as incompetence, greed, and corruption. If you have evidence that a funeral home has been negligent or deliberately engaged in abuse against your deceased loved one, resulting in emotional or psychological trauma or financial loss to you and your family, you can sue the funeral home for damages.
The first step in the process is to hire an experienced funeral home abuse attorney. Your lawyer will help you build a case to recover the amount you deserve from the funeral home. Make sure you have solid evidence against the funeral home before filing your case. Lack of evidence may result in a judge dismissing charges against the funeral home.
Can you sue a Funeral Home for Emotional Distress?
In order to prove funeral home abuse, you must provide evidence that the entity being sued was contracted by you for services, and that they did not perform those services per the terms of the contract. This might include neglecting to perform a service, overcharging for one or more services, or engaging in illegal acts, such as fraud, abusing the deceased’s body, or selling organs, that resulted in emotional and/or financial injury to you or your family.
If you believe a particular funeral home employee is responsible for your loss, your attorney will help you file a lawsuit against them as well, under the presumption that the employee acted as an agent of the funeral home—you may receive a settlement from both.
Who can sue the Funeral Home?
Individuals who are entitled to sue for damages following funeral home abuse include the following:
- Surviving spouse
- Surviving children
- Surviving parents
- Any heir mentioned in the decedent’s will
What are Funeral Home Responsibilities?
Funeral homes services may vary depending on the cultural or religious observances surrounding the deceased or the family. Whereas a full-service funeral home handles all aspects of care from death to burial, other funeral homes might outsource such things as chapel facilities or only offer certain services such as cremation. Although different funeral homes may offer different options to families, most of them provide a set of basic services. Here is a list of services you can expect from most funeral homes:
- 24/7, 365 days a year availability to respond immediately when a death occurs.
- Removal and transfer of the deceased from the place of death (home, nursing home, hospital, etc.) to the funeral home and the crematory if necessary.
- Exercising professional care in handling the deceased, as requested by the family, which may include washing, embalming, restorative art, dressing, casketing, hairdressing, and cosmetology.
- Consulting with the family to gather necessary information necessary for completing paperwork (certificate of death, etc.) and to arrange the details of the funeral service.
- Filing of all necessary paperwork, including certificates of death, or other permits and authorizations, and acquiring the requested number of certified copies of the certificate of death for the family.
- Writing an obituary that includes the date, time, location, etc., for the service, as well as biographical and survivor information provided by the family and sending it to the newspapers requested by the family.
- Offering a choice of the clergy, other officiants, musicians, and singers if requested, and make arrangements with any special groups, such as military or fraternal, to be present at or participate in funeral services.
- Providing necessary details, fees, regulations, and other requirements for the cemetery, crematory, or other places of disposition.
- Helping families with questions about veterans affairs, Social Security benefits, insurance claims, and other related inquiries.
- Providing memorial products, which may include a guest register book, acknowledgment cards, thank-you cards, memorial folders, prayer cards, and more, as requested by the family.
- Helping families arrange flowers, framed photos, photo collages, and other memorial pieces in the chapel during services and/or visitation.
- Directing all requested funeral services in a professional manner.
- Delivering all items (flowers, guest register book, photos, etc.) back to the family at the conclusion of the services.
- Assisting the family with other needed arrangements after the service, including adding death dates to existing monuments or purchasing new monuments.
How long can a body be kept at a Funeral Home?
Although most funerals take place 3 to 5 days after death, there is no restriction on how long after the death a funeral must take place. Cremations or burials can sometimes take place up to 4-6 weeks after a death, especially if friends or family are traveling from out of state or out of the country. If the funeral is likely to be delayed more than 3 or 4 weeks, embalming of the body may be advisable.
Contact an Aggressive Los Angeles Funeral Home Abuse Attorney
It’s unacceptable that people in positions of trust and responsibility steal from grieving families and take advantage of them, but it happens too frequently in Los Angeles County. When it does, families need an aggressive Los Angeles funeral home abuse lawyer to answer their questions, explain California and federal laws, explain their legal options, and proactively pursue damages from those responsible for the abuse.
The Los Angeles funeral home abuse attorneys at the Law Offices of Samer Habbas & Associates can help! Our legal team has the knowledge and extensive experience in handling funeral home negligence cases. We have a long and verifiable record of success assisting area families in these profoundly difficult cases and helping them achieve closure. If you think you or a loved one has experienced abuse by funeral home staff members, contact our law firm to protect you and your family’s legal rights.
With multiple multiple offices located in Los Angeles, El Segundo, Irvine, Anaheim, Riverside and San Diego, our funeral home abuse lawyers represent grieving families across Southern California. For more information or to schedule a complimentary consultation with an experienced Los Angeles funeral home abuse attorney, please call 949-727-9300.
Frequently Asked Questions
What is considered funeral home abuse or negligence?
Funeral home abuse or negligence occurs when staff members at a funeral home fail to fulfill their professional duties, which results in harm to plaintiffs. Abuse or negligence in this context covers a wide variety of actions that may result in emotional distress or harm to the dignity of the person who is deceased.
Can I sue a funeral home in Los Angeles for emotional distress?
California law allows people to recover non-economic damages in cases of funeral home abuse. This includes pain and suffering and the mental anguish that often accompanies misconduct in a funeral home setting. To succeed in such a claim, you will need to demonstrate that the funeral home breached their duty of care and that this breach resulted in your emotional distress or harm.
What is a funeral home negligence case worth?
The value of any funeral home negligence case depends largely on the amount of damages that a family suffers as a result of that negligence. Damages will typically include economic losses, the cost of correcting errors, and legal fees to address any misconduct. Non-economic damages are also taken into consideration.This includes the mental anguish and pain and suffering that result from the misconduct.
California funeral homes are required to carry liability coverage for damages in the event of a legal claim. Funeral home negligence settlements are largely, though not entirely, constrained by these policy limits. Most funeral homes and businesses in California have general liability between $500,000 and $1 million. In California, the severity of the negligence and harm will largely determine case value.
- Lower-End ($50,000 to $150,000): Cases on the lower end of the spectrum, where the misconduct is more minor and the emotional distress is less severe, may settle in this range.
- Mid-Range ($150,000 to $300,000): A large number of cases settle somewhere in this mid-range. These cases may involve more significant negligence, such as mishandling a body. Emotional distress often plays a major role at this range.
- Higher-End ($300,000 to $500,000): When funeral home misconduct is particularly severe, case value will normally fall within this range. This could include misidentification of bodies or improperly disposing of a person’s remains. In these cases, plaintiffs may suffer long-term trauma such as persistent depression or PTSD.
- Samer Habbas & Associates has recovered numerous six-figure settlements for instances of funeral home misconduct, including a $600,000 settlement for one case where the funeral home placed the wrong body in the casket. We also recovered a $250,000 settlement for another family after a funeral home failed to properly embalm and refrigerate the decedent’s body. In another case, we recovered a $228,000 settlement for a family after a decedent’s body collapsed through the floor of a casket during a funeral.
What are common examples of funeral home misconduct?
There are a number of different ways that funeral home abuse may take place. This may include mishandling or misplacing remains, improper embalming or preparation, disrespectful treatment of a person’s remains, ignoring a family’s wishes, and breach of contract. Much of the misconduct that occurs in a funeral home setting is due to improperly trained, unlicensed, or unqualified staff.
What damages can I recover in a funeral home abuse lawsuit?
Victims of funeral home abuse are able to recover numerous forms of compensation in a lawsuit. This will include economic damages. Economic damages can entail the cost to correct negligence, such as improperly bearing remains. It may also entail refunds for services that were not performed correctly.
Another source of compensation is non-economic damages. Non-economic damages will include mental anguish, grief, and trauma due to the mistreatment. Courts will also take into consideration a person’s loss of peace of mind after their loved one’s remains have been violated or otherwise treated improperly.
If misconduct at a funeral home was particularly egregious, plaintiffs may be awarded punitive damages. Punitive damages are designed to punish misconduct and prevent a similar incident from taking place in the future.
Funeral homes will often enter into an agreement with their customers. If the funeral home breached the terms of this contract, they could also owe the plaintiff damages for breach of contract. It is important to have a skilled personal injury attorney review the specific terms that any funeral home entered into.
How do I prove negligence or wrongdoing by a funeral home?
In order to prove negligence or wrongdoing in a funeral home setting, you will typically need to establish several elements and support them with evidence. First, you will need to show that the funeral home had a duty of care. This can typically be shown through state regulations or contracts with the actual funeral home.
Second, you will need to show the funeral home failed to meet their obligations. Examples of this could include improperly embalming a person’s remains or putting the wrong person in the casket. Evidence of a breach will typically include photographs, receipts, and statements from witnesses.
Third, you will need to establish that the actions of the funeral home are the actual and proximate cause of your damages. Finally, you will need to submit evidence that you suffered actual damages. This includes pain and suffering and the financial impact of the misconduct by the funeral home.
What should I do if I suspect a funeral home has mishandled my loved one’s remains?
If you believe that a funeral home has mishandled your loved one’s remains, there are several steps that you should take. You should collect as much evidence as possible. This includes all interactions that you’ve had with the funeral home, including receipts, emails, and other forms of communication. You are also able to file a complaint with the California Cemetery and Funeral Bureau, which regulates funeral homes. Finally, it is always a good idea to consult with an experienced funeral home abuse attorney. They can evaluate the unique facts of your case and let you know if a funeral home acted improperly.
How long do I have to file a lawsuit for funeral home abuse in California?
The length of time the plaintiff has to file a funeral home abuse claim in California will depend on the type of claim that is being filed. For claims that involve personal injury or negligence, people typically have two years from the day the incident took place or when the harm was initially discovered. For cases that involve breach of contract, you may either have two years for oral contracts or, in some cases, four years for written contracts in order to file a lawsuit. For claims involving deceptive practices or fraud, you will typically have three years from the date that the fraud was discovered, or should have reasonably been discovered, in order to file a lawsuit. However, it is always important to consult with an attorney about the unique circumstances of your case. They can provide you with the specific answer that’s applicable to your situation.
Will my case go to court, or can it be settled out of court?
The vast majority of funeral home abuse claims are settled before ever heading to court. But some cases do end up litigated in a courtroom. Whether or not a case ultimately settles out of court will depend on several factors, including the nature of the evidence to support a claim and whether or not liability is being disputed. Cases with strong evidence are much more likely to settle quickly.
How can a Los Angeles funeral home abuse lawyer help me?
There are a number of ways that a Los Angeles funeral home abuse lawyer can help with your case.
- Case Evaluation: An attorney can evaluate the unique facts of your case and let you know if you have a claim that can be pursued.
- Gathering Evidence: An attorney can help gather all of the evidence necessary in order to demonstrate that a funeral home engaged in abuse or misconduct.
- Building A Strong Legal Case: An attorney can use the evidence that they’ve gathered and the testimony of experts in order to help build a strong case.
- Negotiating Settlements: An attorney can negotiate with insurance providers on your behalf in order to ensure that you are fairly compensated for your ordeal.
One of the greatest advantages of hiring a funeral home abuse lawyer is that they work entirely off of a contingency fee basis. In other words, they don’t get paid anything upfront. They only get paid by the opposing party if they were able to successfully resolve your claim.
What evidence is needed to file a funeral home negligence claim?
There are numerous forms of evidence that you will typically need if you are looking to file a negligence claim against a funeral home. This includes contracts and agreements, receipts and bills, photographs and videos, witness statements, medical records, correspondence with the funeral home, and complaints or regulatory filings. Having comprehensive evidence to show that a funeral home engaged in misconduct can greatly help increase the odds that they will offer a fair settlement.
Can a Funeral Home Be Sued For Negligence In California?
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