Seeking Justice After Mishandling Of Remains In Texas
Families experience profound grief and trauma when the remains of a loved one are mishandled. Discovering that a funeral home, mortuary or cremation service has acted negligently can intensify your sorrow. At Hales & Sellers, PLLC, we are here to help you through this difficult time.
We are a Dallas-based law firm that handles the niche world of funeral home negligence. We are committed to upholding ethical standards within the death care industry. Our attorneys are recognized as authorities in funeral home malpractice law. They have extensive experience representing families in funeral home misconduct cases of many kinds.
We gained national attention for successfully pursuing over 50 lawsuits against one funeral home for its negligent actions. Our lawyers have been quoted in publications, including Fox Business and the New York Post.
Understanding The Mishandling Of Remains
Funeral home negligence occurs when a funeral home, mortuary or staff members fail to provide the expected standard of care when handling a deceased person’s remains. Mishandling of remains encompasses a range of disrespectful or unlawful actions due to mortuary negligence or funeral negligence.
To have an actionable funeral home lawsuit, you must prove the following elements:
- The funeral home owed you a duty of care.
- The funeral home breached that duty through negligence.
- The negligence caused you harm.
- You suffered damages as a result.
Our team is well-versed in the complexities of these cases and can guide you through the legal process with sensitivity and clarity.
Types Of Mishandling Cases
The mishandling of remains can take many forms. These actions cause immense pain and suffering. Such cases may involve:
- Lost ashes
- Wrongful cremation
- Improper cremation procedures
- Improper embalming
- Body mishandling
- Body misidentification
- Unauthorized disposal of remains
- Commingling of remains
- Improper storage or preservation
These cases are often complex and emotionally charged, requiring a deep understanding of the funeral industry and its regulations. Our experience has equipped us to handle even the most sensitive and challenging cases.
What Compensation Is Available?
If a funeral home’s negligence caused you harm, you may be entitled to compensation. Damages in funeral home negligence cases can include:
- Mental anguish damages
- Emotional distress claims
- Funeral expenses
- Lost wages
- Punitive damages in cases of egregious misconduct
In Texas, the statute of limitations for these claims is generally two years from the date of the incident.
We Care About Holding Funeral Homes Accountable
The death care industry is sometimes described as the wild west due to limited regulation and transparency. This lack of oversight can foster an environment of negligence and abuse. We believe in holding funeral homes accountable for their actions. In addition, we strive to improve industry standards and protect the public.
Mishandled remains cases are about more than financial compensation. They are about preserving the dignity of the deceased. They are about upholding proper burial rights. They are about ensuring that no other family has to suffer the indignity, pain and stress of a funeral home negligence claim.
Contact Us For A Compassionate, Free Consultation
If you believe a funeral home has mishandled the remains of your loved one, we are here to help. We offer free, confidential consultations to discuss your situation and explore your legal options. Please call us at 469-304-2819 or send us an email today.