California Funeral Negligence Attorney

California funeral negligence attorney

Coping with the loss of a family member can be devastating for families. During this challenging time, grieving families rely on funeral homes and mortuaries to help them honor their loved ones and say their final goodbyes. Unfortunately, what should be a healing process sometimes goes horribly wrong. MLG Personal Injury and Accident Lawyers has extensive experience in mortuary negligence cases such as the mishandling of remains, wrongful cremation, or botched funerals/burials. Our attorneys can help bring peace to families who have been wronged.

Learn more about funeral home abuse below. If you feel the funeral home breached its duty of care to you. Contact our funeral home negligence lawyers to schedule a free consultation.

Our California Funeral Home Negligence Lawyers Secured the Largest Mortuary Negligence Verdict in California

If your loved one has passed away, your family members should be honoring the memory of your loved one. Sadly, in cases where the funeral home owed you a duty of care and infringed upon that duty, funeral home negligence cases become necessary. Our funeral home negligence attorney can see if you have a funeral home negligence claim. Then, we can submit a civil lawsuit for you.

We have experience with funeral home negligence claims. Our goal is to hold the negligent funeral home accountable. Recently, we secured the largest mortuary negligence verdict in California. You can also review our other case results.

The $1.4 Million Negligent Cremation Verdict – The Largest Mortuary Negligence Verdict in California.

We're not just another law firm in Orange County. Our work, underscored by securing a $1.4 million verdict for a family, speaks to our dedication and expertise. This case was about respect and accountability, and our efforts led to Robert Marcereau being acknowledged as a finalist for the Consumer Attorneys of California Streetfighter of the Year. This nomination is a testament to our relentless pursuit of justice for our clients. In fact, this was the single largest Mortuary Negligence Verdict in California for 2022.

Funeral home negligence occurs more often than people think. Based on our track record of success, other lawyers from across the country bring us in to handle their mishandling of remaining cases. With an excellent personal injury lawyer, we can hold the funeral home responsible and fight for maximum financial compensation for you and your family.

Understanding Funeral Negligence in California

Understanding funeral negligence in California

Funeral negligence in California refers to situations where funeral homes, crematories, or related services fail to handle a deceased's body with the care and respect it deserves. This can include a range of improper practices, from mishandling remains to breach of funeral contracts. Such negligence can cause significant emotional distress to the grieving families. Being aware of your rights in these situations is crucial to seeking justice and holding the responsible parties accountable.

Negligence in funeral services often goes unnoticed until it deeply affects those mourning their loved ones. It's important to recognize that these are not just minor oversights but serious violations of trust and professionalism. In California, laws are in place to protect the dignity of the deceased and the emotional well-being of their families. Families affected by funeral negligence have the right to seek legal redress for their emotional and financial damages.

A Closer Look at Mortuary Misconduct and Mishandling of Remains

Mortuary misconduct can occur in numerous heart-wrenching ways. Our funeral home negligence lawyer is here to help you. Some of the ways a mortuary could mishandle precious remains include:

  • Negligent Cremation: This includes errors like wrongfully cremating someone who was supposed to be buried, commingling ashes, mislabeling containers, or providing the wrong remains to families.
  • Misidentification of Remains: This includes switching remains between families or failing to follow protocols that ensure the correct identification. Funeral homes deal with multiple bodies at the same time. Mistakes can happen.
  • Mishandling of Remains: Disrespectful treatment like improper storage, damaging the casket or urn, presenting remains in an undignified manner, or even losing the body altogether.
  • Failure to Provide Agreed Services: Not delivering the services outlined in agreements, like failing to conduct a ceremony as planned or provide the agreed-upon services.
  • Loss or Misplacement of Remains: Misplacing remains or failing to secure them against theft or loss.
  • Funeral Home Fraud: Charging for services not rendered, using inferior products than what was paid for, or deceptive pricing practices.

California law recognizes the depth of trauma that mortuary negligence can inflict, allowing for various types of claims. Our skilled personal injury lawyers could help you by filing a lawsuit for:

  • Breach of Contract: Addressing failures to deliver the services promised by the funeral home.
  • Negligence: When the care owed by the funeral home to handle remains with dignity is not met.
  • Intentional Infliction of Emotional Distress: In instances where the funeral home's actions are particularly reckless or intentional.

With a skilled and experienced lawyer in your corner, you can ensure your rights are protected, and your family members are honored.

Damages For Funeral Negligence Under California Law

Damages for funeral negligence under California law

Victims of mortuary negligence can pursue several forms of damages under California law:

  • Economic Damages: Costs like buying a new urn or casket or perhaps arranging a second memorial service due to the funeral home's error.
  • Non-Economic Damages: Compensation for the emotional pain of not being able to properly mourn, grief compounded by negligence, and psychological trauma.
  • Punitive Damages: Awarded in cases of malicious or particularly reckless conduct, serving as a deterrent for future misconduct.

The Process of Filing a Funeral Negligence Lawsuit

  1. Identify the Negligence: The first step is to clearly identify the act of negligence or breach of duty by the funeral service provider.
  2. Gather Evidence: Collect all relevant evidence, including contracts, photographs, or witness testimonies that support your claim.
  3. Consult an Attorney: Contact a lawyer who specializes in funeral negligence cases to evaluate your case and guide you through the legal process.
  4. File a Complaint: Your attorney will assist you in filing a formal complaint in the appropriate court, outlining the details of the negligence.
  5. Serve the Defendant: The funeral home or service provider must be officially notified of the lawsuit through a legal process called service of process.
  6. Engage in Discovery: Both parties exchange information and evidence through a process called discovery. This can include depositions, document requests, and interrogatories.
  7. Settlement or Trial: Resolution of the case may occur through a settlement, or it may advance to trial, with a judge or jury issuing a final decision.

What Is a Funeral Negligence Case Worth?

What is a funeral negligence case worth

Every case is unique, but with California law acknowledging the deep emotional impacts of mortuary negligence, settlements and verdicts can be substantial, sometimes reaching into the millions. The value of your case will depend on various factors, including the extent of negligence and the impact on your family. In addition, if there were deliberate or reckless actions by the funeral home/mortuary provider, you may also be entitled to punitive damages.

Regulatory Oversight of Funeral Homes and Mortuaries in California

In California, the Cemetery and Funeral Bureau oversees the funeral industry, setting standards and protocols to ensure the respectful handling of remains. They audit and inspect funeral homes, handle consumer complaints, and enforce legal compliance. We work closely with them to handle cases of funeral home negligence.

Safeguards and Assurances that Families Received the Correct Ashes

Safeguards and assurances that families recieved the correct ashes

Families often ask, "How do I know I received the right ashes? How do I know these are really the remains of my loved one?" DNA testing on ashes is not possible because the extreme heat used in the cremation procedure destroys any DNA. To give families assurances, Funeral homes must adhere to strict procedures, including the following:

  • Identification Tags: Remains are tagged and tracked through each phase with metal ID tags. These tags are numbered and are supposed to remain with the deceased through the entire cremation process.
  • Chain of Custody Logs: Detailed records, including a record of ID tags, date and time of cremation, and the date and time that remains are removed from the oven, must be kept by crematories. These records must be kept for ten years. This is known as a "Ten Year Log."
  • Cremation Case Forms Must Be Signed and Witnessed: To ensure the correct body is processed, forms showing the date/time/location of the cremation must be signed by two different people.

How a California Funeral Negligence Attorney Can Help

A skilled California funeral negligence attorney plays a critical role in guiding families through the complexities of these sensitive cases. They bring expertise in the specific laws and regulations governing funeral services. An experienced lawyer will handle all aspects of the legal process, allowing the family to focus on grieving and healing.

These attorneys also provide emotional support and understanding. They recognize the delicate nature of funeral negligence cases and approach them with the utmost sensitivity and respect. By taking on the legal burden, they help families find closure and justice in the aftermath of a distressing experience.

Why Choose MLG Personal Injury & Accident Lawyers For Your Funeral Negligence Case

With MLG Personal Injury & Accident Lawyers, your family's interests are our top priority. We have handled numerous mishandling of remaining cases and recovered millions of dollars for grieving families. Unlike most attorneys, we are actually willing to take mortuary negligence cases all the way to trial if need be. We understand mortuary negligence and how to prove it under California law. Just as importantly, we are compassionate towards our clients during this vulnerable time. We are here to help you when you need us the most.

Contact MLG Personal Injury & Accident Lawyers To Schedule a Consultation With Our California Funeral Negligence Attorney Today

Contact MLG Personal Injury & Accident Lawyers to schedule a consultation

If you or your loved ones have experienced the pain of funeral negligence in California, it's crucial to take prompt legal action. Contact MLG Personal Injury & Accident Lawyers today to schedule a consultation with our skilled California funeral negligence attorney. Our experienced team will give you compassionate support and specialized legal guidance tailored to your specific case.

Let us help you navigate this difficult time and seek the justice and compensation you deserve. Call us today to schedule a free consultation.

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