The deceased’s family is already going through a lot after losing a loved one. They’re likely dealing with not just the emotional ramifications but also all the administrative issues with banks, credit cards, loans etc. The family also often has to deal with setting up funeral and mortuary services. The stress and grief are only compounded if there is mortuary negligence in the handling of the deceased body or wrongful cremation.
In California, lawsuits are recognized based on the mishandling of the deceased’s body. This could include wrongful cremation where the body is cremated without the permission of the family. This could also involve. Funeral or burial miss handling where the body is miss handled during the funeral or burial process.
Wrongful cremation
This occurs when the body is cremated without permission from the family. It could happen when the body is cremated too early, before loved ones have had a chance to hold the services, or it could include when there was no permission to be cremated at all.
For example, in one case, the body was supposed to undergo an autopsy before cremation. Unfortunately, the funeral service started the cremation process and then stopped it halfway when they realized their mistake.
Mortuary and cemetery negligence
This occurs when the mortuary or cemetery location mishandles the body. For example, they could drop the body or negligently prepare the body. This could cause significant emotional distress to the family, who are already going through significant grief.
For example, in one case, the mortuary dropped the deceased body during a funeral service. It was dropped due to the negligence of the cemetery staff who would be liable for the emotional harm done to the family who observed the incident. In another case, a jury awarded 8 million dollars for the loss of a loved one’s body.
If you believe that you have been the victim of a wrongful cremation or mortuary or funeral negligence, contact our office to schedule a consultation.