Broward 24/7: (954)764-7377 Toll Free: (877) 566-8759

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Broward 24/7: (954)764-7377 Toll Free: (877) 566-8759

Palm Beach 24/7: (561) 209-2100 HOME & HOSPITAL VISITS

Jeffrey M. Braxton


Brooke E. Perez


Robert H. Stein


Craig A. Posner


Broward 24/7: (954)764-7377 Toll Free: (877) 566-8759

Palm Beach 24/7: (561) 209-2100 HOME & HOSPITAL VISITS

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Broward 24/7: (954)764-7377 Toll Free: (877) 566-8759

Palm Beach 24/7: (561) 209-2100 HOME & HOSPITAL VISITS

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Funeral Home Negligence

Death Deserves Dignity – Fight Negligent Florida Funeral Homes

If you are like most Florida families, funeral home negligence is something you’ve never worried about – and if you are fortunate, you will never have to.

Following the death of a loved one, you are likely absorbed in grieving, honoring their last wishes, and making funeral arrangements. However, what happens if the professionals you trust to handle the funeral, burial, or cremation procedures of your loved one with care and respect fail to do so?

While most funeral homes in South Florida are experienced, reliable, and completely professional, negligent care still happens far too often. The knowledgeable attorneys at The Injury Law Firm of South Florida have dealt with funeral homes that have mishandled procedures, overcharged, or taken advantage of their position in a variety of ways that show an utter lack of respect to both the deceased and their loved ones.

In the midst of a painful and stressful period of mourning, many families do not know where to turn in the event of mortuary negligence. If you have discovered that your deceased loved one has not been carried to their final resting place with dignity or respect, your best option is to speak with an experienced Florida funeral negligence lawyer as soon as possible. We have helped many grieving families hold funeral homes accountable for negligence, unethical practices, and abuse, and we have the skill and compassion to take on your case as well.

What Exactly Is Funeral or Mortuary Negligence in Florida?

Sometimes referred to as mortuary negligence or burial negligence, funeral negligence can take many forms. While it is important to understand what different types of issues to watch out for, be aware that some of the following descriptions may be difficult to read.

Some of the most common examples of this type of negligence include:

Mishandling of remains. Funeral homes have a duty to treat a body respectfully and according to certain legal and industry standards. Mishandling of remains could include improper transportation, disrespectful handling, dropping of the body, losing the body, or mutilation of the corpse. In rare, horrifying cases, funeral home neglect has even included sexual abuse.

Improper storage. This could include keeping a body in undignified conditions, such as improperly refrigerated areas. It could also include a delay in embalming or refrigeration that caused the body to decay.

Organ theft. Harvesting a deceased person’s organs without permission qualifies as both negligence and a serious crime. As shocking as this sounds, funeral homes have been known to steal organs from corpses to sell for profit.

Unpermitted research. Whatever the type of research, it is illegal for a mortuary to use a body in this way without permission. You may file a negligence lawsuit if you believe a funeral home offered your loved one’s body up for research before presenting it to you.

Property theft. Organ theft isn’t the only type of theft funeral homes may be guilty of. In some cases, funeral staff members have been found stealing personal property from corpses, such as jewelry, clothing, or gold fillings.

Burial negligence. Burial negligence could include burying a body in an improper plot or in a way that ignores the instructions of the family. It could also include stacking bodies in order to save burial space without the knowledge of the deceased or their family.

Cremation negligence. Cremation is a funeral rite that involves burning a deceased body into ashes. In some cases, mortuaries have been known to cremate the wrong body, lose the ashes, or give a deceased person’s ashes to the wrong family.

Identifying a body incorrectly. When a funeral home identifies a body incorrectly, they may send it to the wrong family or provide an incorrect body for viewing. This type of error can be traumatic and may be grounds for a funeral home negligence lawsuit, in which you may recover compensation for pain and suffering.

Though there are many types of funeral or mortuary neglect, they all have one thing in common: they can be distressing, emotional, and stressful. No matter what type of funeral negligence you have experienced, you should not have to deal with it alone.

Mortuary negligence is a complex area of the law, and only experienced funeral home neglect lawyers will be able to provide you with the compassionate legal counsel and aggressive advocacy you need. With the help of a capable attorney, you can stand up to unscrupulous funeral homes and defend the memory of your deceased loved one.

Who Can File a Claim for Burial Negligence in South Florida?

In Florida, state law only permits certain individuals to file a funeral neglect case. You may be able to file a burial negligence lawsuit if you fall into one of the following groups:

  • Surviving spouses
  • Surviving children
  • Surviving parents
  • Persons entitled in the deceased individual’s estate
  • Certain public administrators

If you belong to one of these groups, you may be able to recover damages if your recently deceased loved one has suffered neglect at the hands of a funeral or mortuary establishment. With the help of a top South Florida burial abuse lawyer, you may be able to recover damages for emotional, psychological, and physical harm that has resulted due to their negligence.

Contact the Funeral Home Negligence Lawyers of The South Florida Injury Law Firm

The skilled lawyers of The South Florida Injury Law Firm are ready to protect your rights against negligent or abusive funeral homes and mortuaries. We encourage you to contact us as soon as possible if you believe you and your family have been the victim of funeral negligence.

Our team of talented lawyers will work hard to get you the compensation you deserve, and we will do so without taking your case to trial if possible. Should a trial become necessary to secure a fair settlement, however, our attorneys possess excellent trial records and will not hesitate to defend your rights in court.

Get in touch with our office today to schedule a free funeral negligence lawsuit consultation. You and your deceased loved one deserve respect and proper treatment, and we understand what it takes to make sure you have the best chance at receiving compensation if those entrusted with providing that treatment fail in their duties.


Office Location and Service Areas

The Injury Law Firm of South Florida handles cases throughout Florida from their Fort Lauderdale office. Here is a list of some of the counties and cities we serve:

Martin County

Breeze Park, Jensen Beach, Jupiter, Sewall’s, Stuart  Point Ocean.

St. Lucie County

Fort Pierce, Port St Lucie.

Lee County

Bonita Springs, Cape Coral, Estero, East Dunbar, Fort Myers, Fort Myers Beach, Sanibel.

Palm Beach County

Boca Raton, Boynton Beach, Delray Beach, West Palm Beach, and throughout the greater Palm Beach area.

Broward County

Coral Springs, Deerfield Beach, Fort Lauderdale, Lauderhill, Hallandale, Hallandale Beach, Hollywood,  Pembroke Pines, Pompano BeachMargate, Miramar, North Lauderdale, Plantation, Sunrise, Tamarac, Weston, and throughout the greater Broward area.

Miami-Dade County

Aventura, Coral Gables, Hialeah, Kendall, Miami, Miami Beach, North Miami, South Miami,  Beach, Sunny Isles, and throughout the greater Miami-Dade area.

Collier County