Funeral Home Negligence Lawyer in South Florida
Helping Families Pursue Accountability After Funeral Home, Crematory, or Cemetery Negligence
Funeral homes are expected to treat a loved one’s remains with care, dignity, and strict attention to instructions. When they fail, families can suffer a second, preventable trauma.
If a funeral home, crematory, cemetery, or other end-of-life provider mishandled your loved one’s remains, performed an unauthorized cremation, lost or mixed ashes, misidentified the deceased, or violated your family’s written instructions, you may have a Florida funeral home negligence claim. These cases are uncommon and often aggressively defended, which is why it’s important to work with a team that can move quickly to secure records, confirm what happened, and build the proof needed to demand accountability.
The South Florida Injury Law Firm represents families across Broward County, Palm Beach County, and beyond from offices in Coral Springs and Boca Raton. Call (888) 906-4423 or contact us online for a FREE consultation.
Why Choose The South Florida Injury Law Firm?
Funeral negligence claims demand both sensitivity and real litigation strength. Our firm offers both.
- Millions Recovered for Victims of Negligence. We pursue full accountability and meaningful compensation.
- 100+ Years of Combined Experience. Our attorneys bring deep experience handling complex negligence claims.
- Experience With These Uncommon Cases. We have handled funeral home negligence matters, including scenarios many firms have never encountered.
- Insider Perspective on How the Defense Operates. Our team includes a former insurance defense lawyer, which helps us anticipate denials, delay tactics, and minimizing strategies.
What Is Funeral Home Negligence?
“Funeral home negligence” is a broad term for wrongful conduct by a funeral home, mortuary, crematory, cemetery, transport provider, or related business. It includes mistakes or misconduct that mishandle a loved one’s body or cremated remains, disrupt final wishes, or violate a family’s legal rights.
These cases can involve:
- Carelessness (mistakes, poor procedures, inadequate training, poor documentation)
- Recklessness (serious disregard for family instructions or basic standards)
- Intentional misconduct (cover-ups, falsified records, deceptive practices, or acts so outrageous they go beyond “mistakes”)
Because the harm in these cases is often deeply emotional, it is important to work with a lawyer who understands how Florida law treats emotional distress damages in funeral negligence claims.
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“I had no idea what to do after my accident and Jeffrey took care of me. He was helpful by explaining everything to me and truest cared about how my family and I were doing.”- Stephanie M.
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“Lawyer Jeff Braxton was a huge help getting my case settled and I loved that I was able to speak with him directly whenever I needed. His firm is professional, honest, and accessible.”- Ashley H.
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“They were always easy to reach and always were available for me for any questions I had, even on the weekends!!!”- Tracy G.
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“I would like to thank Craig Posner for a wonderful job on my case. He was extremely courteous and professional and worked one on one with me throughout the entire process.”- Alberto P.
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“Jeff Braxton and his team at the South Florida Injury Law Firm are extremely professional and terrific to deal with.”- Erika P.
Why Choose The South Florida Injury Law Firm?
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No Fees Unless We Win Your CaseThere are no fees of any kind until we settle or win your case in court.
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We Can Arrange to Come To YouFor our clients who are unable to travel, we make it easier for you.
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No Cost For Your ConsultationWhen you schedule a consultation, there is never an initial charge
What Damages Are Available in a Florida Funeral Home Negligence Case?
Every case is different, but potential damages may include:
- Costs caused by the misconduct
- Additional funeral/cremation expenses
- Corrective services (new service, reburial, disinterment, transport)
- Replacement of damaged or lost property
- Emotional distress / mental anguish damages (when legally supported, based on the facts and level of misconduct)
- Other compensatory damages tied to the specific legal claims asserted
- Punitive damages in rare cases involving willful, malicious, or outrageous conduct (fact-dependent)
Our approach is to document damages in a way that is both respectful and persuasive: what happened, what it violated, what it cost, and why the responsible parties should be held accountable.
How These Cases Are Investigated
Funeral negligence cases are won with records, timelines, and proof—often controlled by the funeral provider or third parties.
Common evidence includes:
- Contracts and itemized statements
- Authorization forms (cremation/embalming)
- Chain-of-custody logs and identification tags
- Communications (emails, texts, notes from arrangements meetings)
- Facility records and third-party crematory/transport records
- Incident reports, licensing history, and prior complaints (when relevant)
The earlier an attorney steps in, the better the chance of preserving critical documentation before it disappears, is overwritten, or becomes “unavailable.”
Other Rules And Records That May Matter
A claim is not always based on “a rule was broken,” but legal requirements and industry rules often provide key evidence about what happened and whether it was authorized.
- Cremation Authorization and Timing: Cremation generally requires proper written authorization, and there are timing restrictions in Florida that can matter in certain situations. If cremation happened without approval or contrary to the agreed plan, that can be central to liability.
- Itemized Pricing and Disclosures (FTC Funeral Rule): Funeral providers must give certain pricing disclosures so families can understand costs and avoid unwanted add-ons. Violations can support claims involving deception, unfair practices, or improper charges.
- Licensing, Inspections, and Complaints: Florida regulates funeral and cemetery providers. Licensing status, inspection history, and complaints can be relevant in some cases, especially where patterns of noncompliance exist.
