Injured by Funeral Home Negligence in New York?
Here’s What You Need to Know

It can be challenging and emotional to lose a loved one, and many families turn to funeral homes for guidance as they prepare to put their loved one to rest. Sadly, not all funeral homes treat families with the respect and professionalism they merit. Some funeral homes may handle a loved one’s remains or services negligently, which may result in legal problems that call for the help of a New York funeral home counsel.

Here are some of the different types of negligence that funeral homes in New York can commit:

1- Mistreatment of remains: Funeral homes have a responsibility to manage and treat a loved one’s remains with care. An improper handling of a body by a funeral home, such as misplacing or losing it, failing to correctly embalm or store it, can be considered negligence. (READ MORE BELOW)

2- Failure to obtain the appropriate permits: In order to handle remains and perform funeral services, funeral homes must obtain the required licenses and permits. If a funeral home fails to acquire the necessary permits, it may be negligent, which could put the family in legal trouble.

3- A funeral home usually enters into a contract with the family to provide funeral services, such as a burial or cremation. If the burial home breaches a contract by failing to deliver the promised services or by collecting unapproved fees, this can be considered negligence.

4- Offering subpar or flawed burial services: burial homes have a responsibility to offer services that adhere to industry standards of care. When a funeral home provides insufficient or subpar services, such as by using subpar machinery or failing to properly prepare the bones, it may constitute negligence.

What is mishandling of funeral remains?

Mishandling of funeral remains can take many different forms, from errors like losing a container for cremated remains to unintentionally cremating the wrong body or losing a body entirely. Mishandling of bones may be the result of negligence, inexperience, or even malice.

Some common samples of mishandling of funeral remains are:

-Storage errors: Proper storage of remains is expected of funeral homes. Damage or loss of remains may come from improper storage.

-Misidentification: It is the duty of funeral homes to make sure that remains are properly recognized. If a funeral home mixes up the remains of various individuals, misidentification may happen.

-Funeral homes must correctly dispose of cremated remains. A funeral or cremation are two options for disposal. If the funeral home doesn’t correctly dispose of the remains, there could be improper handling of the remains.

Specific Examples of mishandling of funeral remains

Here are some examples of mishandling of funeral remains that have occurred in recent years:

• In 2018, a funeral home in Ohio was sued for allegedly losing a man’s body, which was never found.
• In 2019, a funeral home in Texas was found to have mishandled the remains of more than 60 infants, leading to a state investigation and subsequent license revocation.
• In 2018, a funeral home in New York was sued for allegedly swapping giving a family the wrong ashes.

Statistics on mishandling of funeral remains

Since many cases go unreported or are resolved discreetly, it is challenging to estimate the precise number of instances of improper handling of funeral remains. However, the National Funeral Directors Association (NFDA) reports that most funeral homes in the US manage more than 100 cases annually, with some handling as many as 500 cases annually. The likelihood of improper handling of remains is always present given the number of cases.

A Federal Trade Commission (FTC) survey found that one of the most frequent grievances against funeral homes is the improper handling of remains. According to the research, over 2,000 complaints were made against funeral homes in 2019, with mishandling of remains ranking as the second most frequent offense. The research also discovered that funeral homes frequently failed to provide the families with all pertinent information, such as the price of services and the existence of cheaper alternatives. The likelihood of improper handling of remains was higher for families who were not informed of their choices.

It’s crucial to obtain legal counsel from a New York funeral home lawyer if you think a New York funeral home has been negligent. Your legal rights and choices can be better understood with the aid of an experienced attorney, who can also help you pursue any claims or other available legal remedies.

In conclusion, funeral home negligence is a significant problem that can cause families to experience both legal problems and mental distress. Families will be better able to spot potential problems and, if required, seek legal counsel if they are aware of the various forms of negligence that funeral homes may engage in. Don’t be afraid to contact an experienced funeral home lawyer for assistance if you think a New York burial home has been negligent.