Losing someone you love is an intense and painful process to go through, and you expect that at least your deceased loved one will be laid to rest with the dignity and respect that they deserve. Unfortunately, this is not always the case.
In 2018, a funeral home in Colorado sold body parts to educational and research organizations without the consent of the decedents’ families. In most cases, heads were sold for $500, torsos for $1000, and pelvises with upper legs for $1200.One particular case revealed that one of the owners who was in charge of the embalming process used to pull teeth from the deceased to remove gold in fillings and crowns.
Such a disturbing story seems unimaginable, but it’s one in a variety of negligent practices that funeral homes are capable of should they decide to act in bad faith.
If you’ve recently lost someone and know that you and your family members are the victims of funeral home negligence, the McAllen funeral home negligence attorney at De La Garza Law Firm is here to help. You and your family have already suffered enough, and we will fight your case against funeral home carelessness to get you the compensation and peace of mind you deserve.
How Do I Prove Funeral Home Negligence?
Stealing a body’s personal possessions, whether this is jewelry, clothing, gold teeth or prosthetics are serious offenses that pale in comparison to the theft of body parts. Those who commit this heinous crime sell body parts for profit to research labs without prior consent from the deceased or their family members.
In order to prove that the mortuary or funeral home was negligent in the handling of your deceased loved one, a claimant must be able to prove to the civil court the following elements:
- Duty – The funeral home owed your family and the deceased a duty of care, meaning that the deceased’s remains were to be properly handled.
- Breach – The funeral home breached that duty of care, which in this case means that they sold your loved one’s body parts.
- Causation – The funeral home sold your loved one’s body parts and caused you and your family a great deal of distress.
- Harm – The surviving members of the family suffered because of the negligent actions that the funeral home did.
Whether you are a victim of this or other types of funeral home negligence, you need unmatched legal representation to help you get the compensation you deserve.
Compensation for Funeral Home Negligence
If you have entrusted your loved one to the care of a funeral home who harvested their body parts for sale, you may be eligible to file for compensatory or punitive damages against them.
Compensatory damages cover any out-of-pocket expenses that were paid as a consequence of funeral home negligence. This includes:
- Medical Expenses
- Loss of Wages
- Loss of Earning Capacity
- Pain and Suffering
Punitive damages, on the other hand, are typically reserved for claims where the funeral home acted so egregiously–in this instance, selling human body parts for profit–that punishment must occur for justice to be delivered and to deter other funeral homes from acting in kind.
At De La Garza Law Firm, we know your deceased loved one deserves to be handled with dignity and respect. If you have dealt with such carelessness from a funeral home, contact us for a free consultation at (956) 533-1426. We will fight to bring justice to your case.
