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How Long Do I Have to File My Funeral Negligence Claim?

When dealing with the death of a loved one it can be hard to focus on anything but your loss. However, when you place the body of your loved ones in the hands of someone else to make preparations for their final arrangements, you expect a certain level of care and dignity. If something happens to your loved one at the funeral home, you may have what is known as a funeral negligence case. Like any type of case, you have certain rights and responsibilities when it comes to filing your case and it’s important to know them so that you can get the compensation you deserve for the mistreatment of your loved one. 

What is Funeral Negligence? 

Funeral negligence refers to when a funeral home or other facility that handles the remains of the deceased acts in some way that brings harm to the body of a deceased person. The behavior must be found to be woefully reckless or malicious in order to qualify as funeral negligence, in which case you may be entitled to compensation if the deceased was your loved one. 

Examples of funeral negligence include: 

  • Improper storage of a body
  • Removing organs for resale or profit 
  • Improper embalming/preparation of the body 
  • Desecration of a Corpse 
  • Improper cremation 
  • Comingling of remains
  • Stealing of personal property 
  • Improper burial 
  • Failure to tend burial site 
  • Loss of cremated remains

In any type of negligence case, it must be proven that the party responsible somehow acted recklessly or maliciously when the harm was caused. Negligence by definition means failing to take proper care when performing an action, in this case the funeral home’s assigned duty to the deceased. 

If you believe you have a case of funeral negligence it is important to hire a personal injury attorney as soon as possible so that they can help guide you through the claims process and help prepare your case. Proving negligence is something that takes legal expertise and the right types of evidence. 

Understanding the Statute of Limitations 

There is a time limit to file a claim for all types of cases, including funeral negligence. The time limit for this type of case in Texas is 2 years from the date of death, not the date the funeral home or other party receives the body and these deadlines are set in stone. Once they have passed, you will be unable to seek compensation. This means you must complete the entire filing process within two years. 

It’s important once you file your claim not to talk to anyone about your case and not to answer any questions regarding your case as the defendant will be working to prepare their case and may have investigators trying to do whatever they can to disprove your case. This is another reason why you need a personal injury attorney on your side. 

Your personal injury attorney is not only responsible for helping you prepare your case, they will also talk to the defendant, their lawyers, the insurance company and any other parties on your behalf so that you don’t have to be hassled while the case is ongoing. They may also reach out to you with a settlement. Never take a settlement that your attorney did not negotiate. Your attorney will know the value of your case and will fight to get you the compensation you deserve.