What Types of Damages Can I Claim In a Funeral Home Negligence Lawsuit?

what types of damages can I get in a funeral negligence lawsuit

Losing a loved one is one of the greatest heartaches one will ever know. Whether it was after a long battle with illness or sudden, the sense of loss and grief can be overwhelming. This is one reason that funeral homes should be held to a higher standard when providing services to their clients. Yet, sadly, they often fail to do so.

If you’ve had the misfortune of dealing with a negligible situation involving a funeral home, you may wonder what recourse you have, and what type of damages you might be entitled to. While nothing can bring back your loved one or restore the dignity they deserved post mortem, holding a negligent funeral home accountable can offer a sense of justice.

Types of Damages You Can Retrieve With a Funeral Home Negligence Lawsuit In Florida

  1. Actual damages. This includes everything you paid for. If you purchased a casket, urn, flowers, service, or anything else from the funeral home and they fell short by giving you something of lesser quality; or if they provided you with items that were so low in quality that you had to purchase replacements, you can request reimbursement for every expense resulting from  their negligence.
  2. Lost wages. If you missed work to deal with a funeral home’s negligence, you can request your lost wages in a lawsuit.
  3. Emotional distress. After losing a loved one, you’re in an emotionally fragile state. If a funeral home’s actions caused you additional undue stress, you can seek recovery for ensuing depression, anxiety, or PTSD you experienced as a result. Such damages must be well documented by medical records and expert opinions.
  4. Medical bills. If you’ve experienced medical ailments as a result of the funeral home’s negligence, you may be able to recover damages for the financial impact. This includes psychological counseling and prescription medications as well as treatment for physical ailments, such as a heart attack or high blood pressure.
  5. Punitive damages. These are damages designed to punish a funeral home that acted with gross negligence. Examples that warrant these types of damages include cremating the wrong body, allowing the body to decompose, or any action that any reasonable person would find to be egregious or shocking behavior.

If You’ve Been a Victim of Funeral Home Negligence, Let Us Help You

At Carey, Leisure & Neal, we have over three decades of combined experience successfully representing clients. All of our attorneys are accessible and Board Certified in Civil Trial Law. Let us help you. Contact us online or call us at 727-799-3900 to schedule a free consultation.

Disclaimer: This blog is for informational purposes only and does not create an attorney/client relationship.

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