Managing Attorney Adam Kocaj obtained a $250,000 global settlement for an afflicted family due to funeral home negligence

After a devastating and unexpected passing, the decedent’s family, our client, suffered more at the hands of the funeral home who cared for the decedent’s body with unimaginable neglect. Decedent’s family requested that the Decedent’s Remains be Embalmed, Dressed, Casketed for a viewing service. Defendant failed to properly handle and store bodies at the Subject Funeral Home. The deceased’s body was not timely embalmed and inadequately refrigerated. The lack of central air conditioning and failure to embalm decedent’s body in a timely manner caused Decedent’s remains to prematurely decompose.  Defendant Funeral Home did not have any policies or procedures regarding the proper handling and store of bodies at the Subject Funeral Home. As such, our clients were unable to have a dignified open casket viewing service. Decedent’s family was notified that decedent was unable to be viewed without any explanation.

Our office filed a lawsuit on behalf of Decedent’s daughter and brother. Our office later discovered that Defendant Funeral Home’s only funeral assistant at the time of the incident didn’t hold any licenses with the Cemetery and Funeral Bureau. Defense counsel was initially unresponsive and Defendants failed to respond to Plaintiff’s initial discovery responses. Plaintiffs were forced to file a motion to compel. It wasn’t until defendant hired new counsel that we were able to obtain discovery responses from Defendant. Our office sent a 998 Offer to Compromise in December of 2023. Defense did not respond to the 998. After three years of litigation, the case settled at mediation. There were no settlement offers from Defendant prior to mediation.