Can You Sue a Funeral Home for Losing Ashes?
Posted in Funeral & Cemetery Negligence on April 25, 2022
Many mistakes can occur at funeral homes. An employee may mislabel or misread a critical document. Facilities can ignore correspondence with family members that details how the deceased’s body should be handled. In some cases, a facility may lose a person’s remains completely.
If your family trusted a funeral home to handle your loved one’s body and the facility loses his or her ashes, you have the right to pursue legal action. By filing a lawsuit against the facility, you can hold the facility accountable for its actions and seek justice for your loved one.
The Standard of Care for Funeral Homes
When families entrust their loved ones’ remains to a funeral home, they expect that the facility and its employees will uphold a certain standard of care. Funeral homes and other end-of-life service providers have a duty to treat deceased bodies with safety and respect.
Unfortunately, not all funeral homes uphold this duty and commit serious acts of negligence. In some cases, this negligence leads to a funeral home giving the wrong ashes to the wrong family or losing the cremains altogether.
Filing a Lawsuit for Lost Ashes in Texas
When a facility loses a loved one’s ashes, you can feel utterly devastated. This horrific act of negligence can amplify your grief and cause significant psychological trauma. Funeral homes should never misplace or lose ashes, and if they do, they deserve to be held accountable.
If a facility lost your loved one’s cremains, you and your family may be eligible for legal action. By filing a lawsuit against the funeral home, you can recover a financial settlement to pay for the pain and suffering that your family experienced due to the funeral home’s negligence.
To secure compensation, however, you will need to prove that negligence led to the loss of your loved one’s ashes. You will also need to show that this event caused pain and suffering for you and your family.
Speak to a Texas Funeral and Cemetery Negligence Attorney
The loss of a loved one’s ashes can be a devastating event. In these situations, it is important to consult with a lawyer who can help you understand your legal options. After investigating the events leading up to the loss of the ashes, your attorney can determine whether you are eligible for a lawsuit.
An attorney can provide several benefits during the litigation process, such as the following.
- Your lawyer can conduct a full investigation into the incident and gather key pieces of evidence from the funeral home, such as logs and other documentation.
- Navigating a lawsuit after a devastating loss can be extremely challenging. Your attorney can handle all aspects of the claim on your family’s behalf.
- Your lawyer can identify all potential avenues to compensation and accurately calculate your family’s potential settlement.
- Your attorney will be able to craft a compelling case for your right to compensation and represent your family during negotiations and at trial.
If you plan on pursuing a lawsuit against a funeral home, you need an attorney who can advocate for your family’s right to justice. Contact a Texas funeral and cemetery negligence lawyer as soon as possible to discuss your next steps.