Funeral Home, Crematory, & Cemetery Negligence
When a family is going through the grieving process, they are emotionally vulnerable and are looking for comfort and peace. We entrust the remains of our loved ones to funeral homes, crematories, and cemeteries to respectfully handle and care for the remains of our family members so that we may peacefully grieve the loss of our loved one. When the funeral home, crematory, or cemetery falls below the standard of care and handles the human remains in such a way that causes additional grief, emotional distress, and physical expressions of those emotional injuries, the family members affected by the conduct may be able to recover for their losses from the responsible parties. To the businesses that we pay to take care of the remains of our loved ones, the business of burial is just that – a business. When the companies responsible for taking care of the remains lose sight of their duty to respectfully care for the remains, they should be held accountable for the emotional havoc they cause the grieving family. We honor our deceased by giving them a proper burial or cremation. When we are robbed of that honorable ceremonial ending, the grieving process and opportunity for closure is also disrupted.
We have handled cases where family members are shocked at the appearance of their loved one upon viewing them in the casket due to improper embalming or improper storage of the remains. Other cases involve receiving the wrong ashes (also known as cremains) from the crematory. A wide array of errors can be made by cemeteries, such as moving the body without the permission of the family, placing the body in the wrong plot, failing to care for the gravesite or allowing vandalism to occur, or burying more than one person in the same gravesite. These are just a few examples of how the funeral home, crematory, or cemetery may be negligent or grossly negligent in handling the remains of someone you love. Because we look to funeral homes, crematories, and cemeteries for peace and closure, the emotional devastation caused when we find that a loved one’s remains have not been cared for properly can be difficult to overcome. If you believe that the remains of your loved one was improperly handled, you may have a claim against the owners, managers, employees, or other responsible parties associated with the cemetery, crematory, or funeral home. We understand that this is an emotional, painful time. However, please know that these claims can be legally complex and will require the immediate attention of the experienced attorneys at Stechschulte Nell. We want to take the burden off of you and your family so you can focus on honoring your loved one and taking care of your own emotional healing.