What Counts as Funeral Home Negligence?

In legal terms, negligence is a breach of a duty of care. For funeral providers, that duty spans everything from identification and handling of remains to honoring the services you contracted for. Negligence can look like any of the following: failing to provide contracted services, cremating someone who requested burial (or vice versa), misidentifying or losing remains, embalming against family wishes (or failing to embalm when required for viewing), damaging the body during transport, burying in the wrong plot, or disposing of remains improperly. Each of these failures can re-traumatize families and may justify a civil claim.

Red Flags Families Shouldn’t Ignore

• Theft or missing valuables. Removing jewelry or other items before burial or cremation is a violation of trust and may be actionable.
• Misidentification. The wrong body in a casket or the wrong remains returned after a cremation is a catastrophic error with permanent consequences.
• Undue influence. Pressuring a single family member (not the designated decision-maker) to change services or authorization documents can indicate negligence or worse.
• Poor gravesite management. Inadequate security or maintenance that leads to vandalism, grave-robbing, or a mishandled burial can support a claim.

You Have Rights: Including the Right to Accurate Information

Under the FTC’s Funeral Rule, providers must give clear, accurate pricing and information when you ask whether by phone or in person. If a funeral home won’t answer basic questions, can’t explain pricing, or surprises you with fees that were never disclosed, treat that as a serious warning sign. Document the interaction and consider switching providers.

What to Do Immediately if You Suspect Negligence

1. Write down what happened. Dates, names, and a timeline matter. Save contracts, invoices, emails, text messages, and any marketing materials that influenced your choices.
2. Preserve physical evidence. If possible, take photos of the body presentation, gravesite issues, or packaging of cremated remains.
3. Ask for records in writing. Request chain-of-custody documentation, embalming logs, transport records, and the exact identity of any third-party vendor involved.
4. Limit direct confrontation. Keep communications professional and in writing. Let your attorney handle correspondence that might affect your claim.
5. Consult counsel early. An experienced funeral home negligence lawyer can secure records quickly and prevent further mishandling.

How an Attorney Builds Your Case

A strong claim typically includes:

• Contract analysis. What was promised versus what was delivered.
• Policy and procedure review. Did the funeral home follow required identification, storage, and embalming protocols?
• Vendor mapping. If a third-party crematory or transport service was used, did the funeral home properly disclose and supervise them?
• Expert evaluation. Funeral service and pathology experts can assess whether handling and presentation met professional standards.
• Damages proof. In addition to out-of-pocket costs, families may recover for emotional distress caused by egregious mishandling or deception.

Choosing the Right Lawyer

These cases require both sensitivity and litigation experience. Our team has represented families in matters involving misidentification, mishandled or lost remains, unauthorized embalming or cremation, gravesite errors, and theft, holding negligent providers accountable and pursuing full compensation. Our firm is available to evaluate your situation and guide next steps. Contact us today!