The most common burial error that occurs at cemeteries is the inability to bury a loved one on the day of their funeral. This can be caused by a variety of reasons such as overselling of graves, failure to probe the grave, or burying another coffin too close. For example, when a cemetery doesn’t make the proper preparation before a funeral, they determine that the burial can’t go as planned on the day of the funeral and notify the family last minute–as they arrive for the service. This often results in the families allowing the cemetery to correct the error however the cemetery sees fit, rather than correctly, or in the best interests of the family. Sometimes this results in loved ones not being able to be buried together as intended or buried in violation of Pennsylvania law. However, if this happens, the liability falls on the cemetery, and a family can seek compensation with aggressive attorneys.
Funeral homes and cemeteries have a duty to ensure the safety and security of the corpse under their custody and care. Regardless of the cause, the funeral home and cemetery are liable if a body is missing or they are unable to locate a loved one’s remains. A family deserves to know where their loved one was laid to rest. However, bad cemetery records, shoddy maps, and shifting of gravestones could result in a cemetery losing a loved one’s remains and being unable to identify the correct grave with certainty. The loss of human remains in coffins, cemeteries, or burial sites has many troubling ramifications and can cause extreme distress to the loved ones of the deceased. It is important to find the corpse or ashes to provide closure. A Bucks County cemetery negligence lawyer can show you what your legal rights are when it comes to recovering the remains of your loved one.
The body of the deceased is placed in a casket and brought to the funeral home. Families book a time for visitation to remember the life of their beloved before a funeral service. The body is embalmed and arranged as requested. However, the family discovers that the funeral home has made mistakes.
Families should not take these mistakes lightly. A funeral home negligence lawyer can establish such a mistake and hold accountable any negligent funeral directors involved.
Wrongful cremation services are a new and growing area of concern in the funeral industry. The crematory has the responsibility to file a cremation permit and alert the family concerned that their loved one has been cremated. There is wrongful cremation when a person is cremated against the family’s wishes, without a permit, or when a family is not notified that the deceased has been cremated. In some cases, the wrong body has been cremated, and the family never knows.
These are instances that a Bucks County funeral home negligence lawyer can address. When there are cremation errors, the family should contact their Bucks County funeral home negligence lawyer immediately.
A grieving family expects a worry-free funeral service. Funerals are conducted to honor the memory of a loved one. Cemeteries have a responsibility to properly provide perpetual care for the grave of a deceased loved one. Cemeteries must maintain safe conditions at all times, even after business hours. The bodies or corpses of loved ones are not to be disturbed.
When cemeteries and funeral homes do not offer the proper respect and care for a loved one, allow the cemetery to go into disrepair, damage headstones, or fail to properly fill in a grave, an attorney can be of great help to demand accountability. In this difficult time, a funeral home and cemetery negligence attorney can establish the fault or negligence of the defendants and the extent of the damages suffered by the family members.
Funeral misidentification is when one family member believes they are identifying the body of their loved one and is identifying a different person. The Funeral home must make sure that the body they present to the family is the correct body.
Having the wrong body inside a casket that the family paid for is extremely upsetting and distressing to the family members. There have been cases where multiple bodies have been sent to the wrong funeral home. A Bucks county cemetery & funeral home negligence lawyer can help you file a claim for funeral misidentification.
A grave disturbance is when someone disturbs, damages, or vandalizes a gravesite. The family of a deceased deserves respect, and the burial is an emotionally charged and stressful time. To add insult to injury, when someone vandalizes or damages a loved one’s gravesite can be devastating and traumatizing, and funerals in themselves are already traumatizing. In some cases, the cemetery negligently causes damage to headstones and other memorials in their own cemetery.
Going through funeral arrangements knowing that someone has disturbed, vandalized, or damaged a loved one’s gravesite makes matters worse. At Kaminsky Law, we can hold responsible those who disturb, vandalize or damage a gravesite.
The funeral home and cemetery neglect are issues that can happen in many ways. Families deserve respect in their time of grief. A funeral home owes the duty of care and respect to follow through on its responsibility and commitment to providing dignified memorial services. Funeral home abuse has no place in the funeral industry.
This duty does not end in the burial or cremation process, and it extends to the cemetery grounds where the decedent is laid to rest. A funeral home and cemetery negligence lawyer can help address funeral home abuse and cemetery negligence issues.
The custody and care of human remains is a serious responsibility entrusted to funeral homes. A great deal of trust and confidence is placed in the employees of these establishments, and when that trust is breached, the victim has legal recourse. Negligence as to the care of the bodies of the decedent can be in the following ways:
The Federal Trade Commission (FTC) Funeral Rule allows families to compare funeral goods and services offered by different establishments. Families can choose from a variety of funeral, burial, and memorialization arrangements. Importantly, the funeral home or cemetery must provide the services that they billed.
Funeral homes must present burial services and packages in writing. Upon request, the funeral establishment must give you the General Price List (GPL) for services and merchandise. A licensed funeral director must be available to explain the arrangements and costs.
Failure to uphold these rights makes the families concerned entitled to the right to recover compensation. The liability of funeral homes involves financial compensation asserted through a civil lawsuit. Funeral home negligence attorneys will ensure that justice is served to grieving families. Call a Funeral Home Negligence Attorney now for a free consultation at Kaminsky Law. Know your rights and duties under Funeral Rule.
Bucks County cemetery and funeral home attorneys provide legal advice for families of funeral home negligence. A funeral home has the responsibility to ensure the proper handling of the deceased, and they must follow industry standards and those mandated by federal law. Contact an attorney specifically experienced in handling injuries and neglect in the funeral industry.
Kaminsky Law is a personal injury law firm based in Bucks County that provides legal services to families that have been victims of negligent treatment or misconduct from funeral homes and cemeteries. Call us now at 215-876-0800 for a free consultation. There is no need to worry about upfront payments for our legal services since we offer a contingency fee basis in our transactions.
For a free, confidential consultation with a nationally recognized Pennsylvania attorney, contact (215) 876-0800 or submit an online contact form.
Kaminsky Law is a small business-oriented litigation Law firm licensed in Pennsylvania and New Jersey with cost-effective approach to lawsuits, settlements, and dispute resolution.