Texas Wrongful Cremation Lawsuit
Posted in Funeral & Cemetery Negligence on April 26, 2022
When a loved one passes away, we place our trust in funeral homes, cemeteries, and other service providers who can handle the body according to the deceased’s final wishes. Unfortunately, not all professionals perform their duties with care.
Some funeral homes or cemeteries mistakenly cremate bodies that are intended for burial. If your family has experienced wrongful cremation, you could hold the facility accountable for their actions by filing a lawsuit in Texas civil court.
What Is Wrongful Cremation?
Employees of funeral homes, cemeteries, cremation services, and burial services must uphold a professional standard of care. When handling a person’s remains, they must ensure that the deceased’s end-of-life arrangements are carried out according to his or her wishes. This includes preparing the body for burial or cremation.
Many errors can occur during these processes, leading to a facility mistakenly cremating a body that is supposed to be buried. Wrongful cremation is a serious act of negligence that can be extremely traumatizing for the deceased’s loved ones.
There are many mistakes that can lead to wrongful cremation, such as the following.
- Mislabeling a body bag or I.D. tag
- Failing to label the crematory
- Failing to properly complete required paperwork
- Failing to communicate with family members about the deceased’s final wishes
- Failing to keep an I.D. tag with the body during the preparation process
- Misidentifying the deceased’s body as another person who is scheduled for cremation
Filing a Lawsuit for Wrongful Cremation in Texas
Wrongful cremation is not common, but when it does occur, it can be extremely damaging. If your loved one was mistakenly cremated by a funeral home, you have the right to hold the facility accountable for its negligent actions.
In these situations, you could file a lawsuit against the funeral home in Texas civil court. By pursuing litigation, you can hold the facility liable for the pain and suffering that you and your family experienced due to its wrongful actions.
To win your case, you will need to prove that the facility breached its duty to handle your loved one’s remains with the proper standard of care. You and your attorney will need to gather enough evidence to prove four key facts.
- The funeral home owed you a duty to properly handle your loved one’s remains.
- The funeral home committed a negligent act or omission.
- The negligent act or omission led to your loved one being wrongfully cremated.
- You and your family suffered damages due to the wrongful cremation that you can claim in your lawsuit.
Speak to a Texas Wrongful Cremation Lawsuit Attorney
In Texas, a funeral home could be liable for failing to handle a person’s remains with the appropriate standard of care. If you plan on pursuing a claim for wrongful cremation, you need an attorney on your side who can fight for your family’s right to justice.
While no amount of compensation can take away the pain of the funeral home’s negligence, filing a lawsuit can help you hold the facility accountable. A Texas funeral and cemetery negligence attorney can help you gather evidence and craft a compelling case in your family’s favor.
As soon as possible following the wrongful cremation, contact an attorney to discuss your family’s legal options.