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Proving emotional distress in your funeral home negligence claim

On Behalf of | Oct 8, 2024 | Funeral home negligence

Funeral home negligence can cause significant emotional distress for families. When a funeral home fails to uphold its duties, it often leads to feelings of anguish, grief and emotional suffering. 

In Texas, those who suffer because of funeral home negligence may have the right to pursue compensation for emotional distress. However, proving emotional distress in a funeral home negligence claim can be complex.

Defining emotional distress in a negligence case

Emotional distress refers to the psychological impact a person experiences as a result of negligent actions. In funeral home negligence cases, this distress may arise if the funeral home staff mishandles or disrespects the deceased’s remains. Feelings of sadness, anxiety or shock are completely valid in this type of situation. They may even result in physical symptoms like headaches or sleep disturbances.

Key elements for proving emotional distress

Making a successful emotional distress claim usually requires a few key elements. First, the claimant must prove that the funeral home truly acted negligently or recklessly. Such actions might include improper handling of the body, unauthorized cremation or failing to carry out the family’s wishes. Reckless behavior, such as carelessly storing remains, may also qualify.

Next, the claimant must demonstrate that the funeral home’s negligence directly caused the emotional distress. The harm caused must be a foreseeable result of the funeral home’s actions. For example, if a funeral home mishandles remains, it is foreseeable that the family will suffer emotional harm.

The resulting emotional distress must be demonstrably significant. Temporary feelings of sadness may not be enough to support a claim. The emotional impact must be substantial, such as causing lasting emotional pain, depression or trauma.

Evidence to support emotional distress claims

To prove emotional distress, claimants should gather strong evidence. Medical records showing psychological symptoms can help demonstrate the impact. Personal testimonies from family members and friends describing how the negligence affected the claimant emotionally may also strengthen the case.

Funeral home negligence can have devastating and legally-recognizable emotional consequences. Texas law allows affected families to seek compensation for their distress, but proving this type of harm requires careful documentation and proof of the funeral home’s misconduct.