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Cemetery & Funeral Home Negligence

In times of immense sorrow and loss, we rely on funeral homes to guide us through the delicate process of laying our loved ones to rest. Unfortunately, there are instances when these trusted establishments fail to uphold their responsibilities, leaving devastated families burned with additional torment.

What is Cemetery Negligence?

Cemetery negligence can take many forms. Including but not limited to:

  • Inability to Bury on Scheduled Date
  • Grave Space Not Available
  • Burial at an Incorrect Depth
  • Improper Embalming
  • Lost Remains / Lost Cremains 
  • Unauthorized Cremation

People often buy their burial spaces years in advance and knowing what size your burial space should be is something that most people would not know off-hand. Other unlawful conduct by the cemetery or funeral home may include not acting respectfully before or during a funeral, refusing to refund customers for services not performed, hiding the true cost of burial procedures or services, and more. 

What is Funeral Home Negligence?

Funeral home negligence refers to situations where the funeral service providers breach their duty of care towards grieving families. There are several types of funeral home abuses ranging from simple price gouging to corpse mutilation and necrophilia. These are just some examples of common types of abuses committed by members of the funeral industry, which tend to be isolated incidents:


Proving Liability for Cemetery & Funeral Home Negligence

Kaminsky Law attorneys understand that the death of a loved one is a time for grief. However, you can hold these funeral homes accountable if they neglect their duties. To prove liability for these abuses, you must establish certain elements:

  • The Crematory, Cemetery, or Funeral Home owed you a duty of care
  • They breached this duty
  • This breach of duty caused you and your family harm and trauma
  • The harm caused financial loss or emotional distress

Once you establish these elements, our lawyers can help you prove who is liable in your lawsuit. 

Damages You Can Recover in These Lawsuits

Although no financial compensation can right this wrong, you can still get compensated for burial expenses and other damages. 

Compensatory Damages:

These can include the expenses that funerals cost or pain and suffering. 

Punitive Damages:

These are to punish the parlors who fail to do their duty of care for your loved one’s body. 

Call A Cemetery & Funeral Home Negligence Lawyer 

As a result of this negligence, through means of mishandling remains, improper embalming practices, misrepresentation of services, and failure to follow contractual agreements, families are left in emotional and financial distress. No amount of legal action can alleviate the pain of a losing a loved one, however, pursuing a legal claim can bring a sense of justice and ensure that future families are spared from similar negligent acts. 

Seeking legal recourse can offer solace and provide a way to hold those responsible for the negligence accountable. Grieving families already deal with overwhelming emotional challenges and when faced with funeral home negligence there can be an additional sense of trauma, anger, and feeling of betrayal. Aside from the emotional impact, financial burdens can also be amplified in these situations.

Part of this realm of negligence can include unnecessary expenses due to funeral home errors, fraudulent billing, or a failure to delivered the agreed-upon services for which the family already signed for in their agreement. Pursuing a legal claim can help families recover these financial costs and regain control over the financial well-being and prevent others from going through a similar experience.

If you suspect funeral home negligence, you should contact one of our attorneys that have experience dealing with these matters. Our legal experts can help guide you through the complex legal process, understand your rights, collect the required evidence, and build a compelling case. We will work towards holding the funeral homes accountable for their negligence and recovering your financial costs. By taking legal action, you seek justice for your loved one but you also contribute to raising awareness of funeral home negligence, encouraging industry-wide improvements in standards and practice.


Reasons to sue a cemetery may include negligence leading to damaged graves or mishandling of remains, breach of contract, misrepresentation of services or pricing, failure to maintain the cemetery properly, or any unethical or illegal practices causing harm and distress to families. 

Reasons to sue a funeral home may includes issues like negligence in handling and preparation of the deceased, fraudulent billing practices, failure to deliver promised services, misrepresentation of funeral packages, emotional distress caused by misconduct, or any other breach of contract or unethical behavior. 

Yes, you can sue a funeral home for emotional distress if their actions or negligence directly cause severe emotional harm or mental anguish to the deceased person’s family or loved ones during the funeral arrangement process. 

Unethical behavior in funeral homes may include fraudulent billing, misrepresentation of services or pricing, mishandling of the deceased, failure to deliver promised services, pressuring or exploiting grieving families, or any actions that violate industry standards, regulations, or ethical guidelines. 

Interment refers to the burial or placement of a deceased person’s remains in a grave, tomb, mausoleum, or other final resting place, typically as part of funeral or memorial services. 

Like with most legal questions, the answer is “it depends.” The length of time that a body can be stored depends on various factors such as local laws, the condition of the body, and the storage or embalming process used. 

In certain circumstances, you may be able to sue for ashes if the funeral home or another party mishandles the cremation process or fails to deliver the ashes of your loved one as agreed upon or in accordance with the law or contract. 

Burial space probing involves taking a long rod, usually 6 feet, and inserting it into the ground on the edge and center of a gravesite. If the rod hits something before it gets to a depth of 6 feet, that means there is some sort of obstruction.

The lawyers at Kaminsky Law have handled many funeral home negligence cases in the past. If you believe that your loved one was improperly embalmed, the funeral home waited too long to refrigerate, or cremated their remains without authorization we can help. Please do not hesitate to contact us and tell us your story. 

Anton Kaminsky, Kaminsky Law's founding partner, is an aggressive and creative lawyer that takes a modern approach to business, personal injury, and employment litigation

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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.