When a funeral home makes a mistake, the grieving family may be able to file a lawsuit and recover compensation. Funeral home lawsuit settlements can vary widely depending on the specific facts of the case, but they can range from a few thousand dollars to millions of dollars.
Common Reasons for Funeral Home Lawsuits
Some of the most common reasons for funeral home lawsuits include:
- Negligence: This can include mishandling the body, such as dropping it or embalming it improperly; failing to follow the family’s instructions; or losing or misplacing the body.
- Breach of contract: This can happen if the funeral home fails to provide the services that were agreed upon in the contract, such as using a different type of casket than the one that was ordered or failing to hold the funeral at the scheduled time.
- Fraud: This can happen if the funeral home misrepresents its services or charges the family for services that were not provided.
How Much Can You Expect to Receive in a Funeral Home Lawsuit Settlement?
The amount of money that you can receive in a funeral home lawsuit settlement will depend on a number of factors, including:
- The severity of the mistake made by the funeral home
- The emotional distress that you and your family have suffered
- The financial losses that you have incurred as a result of the funeral home’s mistake
- The strength of your case
In general, funeral home lawsuit settlements tend to be higher for cases involving negligence or fraud than for cases involving breach of contract.
How to File a Funeral Home Lawsuit
If you are considering filing a funeral home lawsuit, you should contact an experienced personal injury attorney. Your attorney will be able to assess your case and advise you on the best course of action.
- National Funeral Directors Association: https://nfda.org/
- Federal Trade Commission: https://www.ftc.gov/
- Consumer Reports: https://www.consumerreports.org/
- Nolo: https://www.nolo.com/
- Q: What is the statute of limitations for filing a funeral home lawsuit?
A: The statute of limitations for filing a funeral home lawsuit varies by state. In general, you have two to three years from the date of the funeral home’s mistake to file a lawsuit.
- Q: Do I need a lawyer to file a funeral home lawsuit?
A: It is advisable to hire an experienced personal injury attorney to help you with your funeral home lawsuit. Your attorney will be able to assess your case, negotiate with the funeral home on your behalf, and represent you in court if necessary.
- Q: How much does it cost to file a funeral home lawsuit?
A: The cost of filing a funeral home lawsuit will vary depending on the complexity of the case and the experience of your attorney. Most personal injury attorneys work on a contingency basis, meaning that they do not charge any upfront fees. Instead, they take a percentage of your settlement or verdict if you are successful in your case.
- Q: What are the chances of winning a funeral home lawsuit?
A: The chances of winning a funeral home lawsuit will vary depending on the specific facts of the case. However, if you have a strong case and are represented by an experienced attorney, your chances of success are good.
- Q: What are some of the challenges of filing a funeral home lawsuit?
A: One of the biggest challenges of filing a funeral home lawsuit is that funeral homes often have powerful insurance companies. These insurance companies are motivated to pay out as little money as possible in settlements and verdicts.
Another challenge is that funeral home lawsuits can be emotionally draining. Dealing with the loss of a loved one is difficult enough, and having to go through a lawsuit can make it even more difficult.
- Q: What can I do to protect myself from funeral home fraud?
A: There are a number of things you can do to protect yourself from funeral home fraud, such as:
* Get everything in writing, including the contract and the price of the services.
* Be wary of funeral homes that offer high-pressure sales tactics.
* Get quotes from multiple funeral homes before making a decision.
* Ask about the funeral home’s credentials and reputation.
* File a complaint with the state funeral board if you believe that you have been a victim of funeral home fraud.
If you are considering filing a funeral home lawsuit, it is important to contact an experienced personal injury attorney. Your attorney will be able to assess your case, advise you on the best course of action, and represent you in court if necessary.