Mishandling Of Remains And Other Acts Of Funeral Home Negligence
Funeral homes hold a special position of trust in communities to respectfully handle the funeral and burial or cremation of loved ones. Unfortunately, some families grieving through an already difficult moment are met with unimaginable trauma when a funeral home fails to live up to this expectation.
Whether the result of incompetence, greed, or abuse, Texas law recognizes that outrageous behavior by a funeral home is inexcusable.
Common Types Of Funeral Home Negligence
Funeral home negligence can take many forms, each of which can deepen a family’s grief and cause lasting emotional harm. While mishandling of remains is one of the most disturbing issues families encounter, it is not the only way funeral homes may fail in their duties.
- Mishandling of remains: This may involve improper storage, incorrect cremation, commingling of remains or releasing the wrong remains to a family.
- Failure to follow instructions: Funeral homes are required to follow written and verbal instructions regarding burial, cremation, memorial services and religious or cultural practices.
- Breach of contract: Families often enter written agreements for specific services. Charging for services not provided or failing to perform agreed-upon tasks may constitute a breach of contract.
- Theft or mishandling of personal property: Jewelry, clothing and other personal items entrusted to a funeral home must be safeguarded.
- Cemetery negligence: When a funeral home manages a cemetery, errors such as incorrect burial locations, damaged headstones or poor recordkeeping may also create liability.
Each of these failures represents a serious breakdown of trust and may give rise to a civil claim under Texas law.
Why Choose A Dallas Funeral Home Negligence Attorney
Claims involving funeral home negligence require careful handling and a thorough understanding of Texas law. Our approach often includes:
- Thorough investigation: We gather contracts, records, witness statements and regulatory findings to determine what occurred and who is responsible.
- Legal guidance and support: We explain the legal process clearly so families understand their options during an already painful time.
- Negotiation with insurance companies: Funeral homes and cemeteries often have insurers whose goal is to limit payouts. We manage these communications on your behalf.
- Litigation, if necessary: When a fair resolution is not offered, we are prepared to pursue the case in court.
- Damage assessment: We evaluate claims for mental anguish, emotional distress and other recoverable losses under Texas law.
Families may also file complaints with the Texas Funeral Service Commission. However, TFSC complaints are separate from civil lawsuits and do not provide compensation.
Speak With An Experienced Dallas Funeral Home Negligence Lawyer Today
If you have been harmed by the actions of a funeral home neglecting their duty, you may be able to recover compensation for the lifelong mental anguish suffered. Contact the Dallas law offices of Hales & Sellers, PLLC, at 469-304-2819 to schedule a time to meet.