Naples Cemetery Negligence
As personal injury attorneys, we receive many complaints about Florida cemetery negligence, as well as client reports of funeral home negligence. These concerns, sometimes raised by clients whom we have assisted in wrongful death cases, are particularly disturbing because respect for the deceased matters to us. Our work is often about honoring lost loved ones, and we continue in that work by handling cemetery negligence cases with skill and the highest level of professionalism.
If your loved one’s final resting place has been disturbed, or their final wishes have been ignored, please contact one of our experienced attorneys today so that we can help your loved one rest in peace.
Representative cemetery negligence cases our attorneys can handle include the following:
- Cemeteries failing to treat remains with proper respect
- Lost remains
- Improper burial practices
- Misplaced gravestones
- Cremation misconduct
- Lost or stolen personal burial items
- Disruption of the grave
- Improper relocations of remains/exhumations without consent
- Failure to honor family plot arrangements
- Stacking remains in oversold plots
Our attorneys routinely handle cemetery negligence cases throughout Florida and beyond, including Miami, Naples, Kendall and Miami Beach. Family members of a deceased loved one have a right to pursue financial compensation for the anguish and mental pain caused by a careless cemetery or funeral home.
Many incidents involving cemetery, funeral home, and cremation misconduct involve improper procedures or practices by the burial, cremation, funeral ceremony. Our Naples cemetery negligence lawyers recognize that surviving family members look to funeral homes to provide peace of mind during an emotionally difficult time of grief and sadness. In recent years, our law firm has seen a rise in the number of unscrupulous practices by cremation providers, funeral homes, and cemeteries that go beyond mere negligence. Some examples include:
- Improper storage of a decedent’s body
- Removal and sale of body parts on the black market
- Cremation of the wrong body
- Defacement of grave sites through vandalism or defecation
- Burial of multiple bodies within a single coffin
- Lack of compliance with proper embalming procedures
- Failure to bury the body or improper burial
Exploitation of grieving family members by a funeral home might include fraudulent pre-need contracts and fraud.Relief Available For Families Harmed By Cemetery Negligence
Thankfully, federal, state, and local laws and ordinances exist to prevent cemetery negligence. Here in Florida, we are protected by the Florida Funeral, Cemetery, and Consumer Service Act. This statute was enacted to hold death care businesses accountable for mistreating the deceased. It is also called the “Howard Futch Bill” in honor of a late senator whose body had to be exhumed because of a burial mistake. Our attorneys are experienced working with all cemetery laws, including the Florida Funeral, Cemetery, and Consumer Service Act.
If your family has suffered due to cemetery negligence in Naples Florida, our attorneys want to assist you. At the law firm of Greenberg, Stone & Urbano, we will use our considerable resources and experience to ensure that cemetery owners, management, employees and other related parties are held accountable for their negligence or misconduct, and we will seek the just and fair compensation you deserve.Legal Theories for Pursuing Lawsuits Against Cemeteries
Although a range of legal theories can be applicable in a lawsuit against a cemetery or other business that handles the burial or cremation process, some of the more common legal theories include breach of contract, negligence, and misrepresentation.
Legal Claims Based on Breach of Contract: The cemetery or funeral home typically will enter into a written agreement through which the business will commit to perform certain acts. If the performance of the company fails to fulfill its obligations according to the terms of the contract, the business might be liable for damages.
Legal Claims Based on Misrepresentation: If a funeral home or cemetery omits material information or misstates the facts to induce families to sign up for funeral, cremation, or burial services, the company might be liable under a misrepresentation theory. For example, two surviving adult sons were persuaded to invest in an environmentally friendly burial process. When a friend’s family member died, the sons learned that the decedent was buried on top of their mother. The sons’ lawsuit alleged that they would not have selected a “green burial” had the specifics of the burial process been disclosed in the contract.
Legal Claims Based on Negligence: Funeral homes and cemeteries owe a duty of care to patrons. When the business fails to fulfill this duty of care and causes harm, the company can be liable for damages. Families pay for burial and funeral services expecting the company will use reasonable care to maintain the grave, grounds, and plots. An example of a negligence-based lawsuit involved a funeral where the wrong woman was placed in the casket at the funeral. The surviving family members filed a lawsuit alleging negligent infliction of emotional distress based on their shock and emotional upset after learning their loved one was on an airplane traveling to a funeral in another state instead of being honored at her funeral.
Legal Claims Based on Infliction of Emotional Distress: Legal claims based on carelessness by a funeral home or cemetery often will be based on negligent infliction of emotional distress and intentional infliction of emotional distress. A negligent infliction of emotional distress claim typically alleges that the business unintentionally engaged in conduct that resulted in the body being mishandled or desecrated causing mental anguish and emotional pain and suffering to surviving loved ones. In cases where intentional infliction of emotional distress is alleged, certain challenges are removed in pursuing a claim, but the standard to prove intentional conduct is much higher. Our experienced Naples cemetery negligence lawyers can help you decide on the best legal strategies for pursuing your claim.
The Cemetery Negligence Attorneys of Greenberg, Stone & Urbano have over 100 years of combined experience working on behalf of the injured in Florida. Our attorneys have been rated “AV” by Martindale-Hubbell and have been honored as “Superlawyers,” designating them as some of the best lawyers in America. Call Greenberg, Stone & Urbano today to schedule your free consultation with one of our professional and compassionate cemetery negligence attorneys. You may contact us through our website or call us at (888) 499-9700 or (305) 595-2400.