Fighting Back Against Funeral Home Neglect in New York

Losing a loved one is an emotionally overwhelming experience. The last thing you should have to worry about is whether the funeral home you trust to handle your loved one’s final arrangements is neglecting its responsibilities. Unfortunately, funeral home neglect does occur, and when it does, it can cause further pain and suffering during an already difficult time.

At the Rizzuto Injury Firm, we believe a family should never endure neglect or mistreatment during the funeral process. If you suspect your loved one’s funeral home mishandled their care, it’s critical to recognize the signs early. Here’s how to identify potential funeral home neglect in New York.

What Constitutes Funeral Home Neglect?

Funeral home neglect refers to the failure of a funeral home or its employees to provide the care, attention, and services promised to families, including proper handling of the deceased, appropriate funeral services, and adequate communication. Some examples of neglect include the following:

  • Mishandling of the deceased (e.g., improper storage or embalming)
  • Delay or failure to conduct the funeral in a timely manner
  • Mismanagement of cremation or burial services
  • Failure to provide necessary documentation
  • Lack of communication with family members
  • Disrespectful behavior towards the deceased or family

Real-Life Examples of Funeral Home Neglect

We hope you have not experienced any of the following. These examples provide a brief view of the types of neglect our law firm has seen when a funeral home fails to provide proper care:

  • Presenting the wrong body for viewing
  • Burying the wrong body
  • Claiming one body is the deceased of another
  • Burying the casket in the wrong place
  • Exhuming the deceased to change the burial location without approval
  • Losing track of remains during transport 
  • Damaging or desecrating personal items left with the deceased

New York Laws Protecting Consumers

Several New York laws are designed to protect consumers from neglect at the funeral home. Understanding these laws will help you take the proper legal steps if you suspect wrongdoing.

  • New York State Funeral Directing and Cremation Laws: These laws regulate funeral homes and funeral directors. Funeral homes must adhere to guidelines, ensuring that all services are provided with due diligence and care. Violating these standards can lead to civil or criminal charges.
  • New York Consumer Protection Law (General Business Law § 349): This law protects consumers from unfair or deceptive practices, including fraud or misrepresentation by funeral homes. If a funeral home fails to fulfill its obligations or misleads a family, you may have a claim for consumer fraud.
  • New York Public Health Law § 4200-4211: These laws cover the proper handling and transportation of deceased bodies. If a funeral home fails to follow these standards, you can pursue legal action based on violations of public health regulations. Some of the key standards include:
    • Proper storage and refrigeration of remains to prevent decomposition or public health risks
    • Timely and lawful transportation of bodies, with the correct permits and authorization
    • Respectful handling that prohibits abuse, neglect, or commingling of remains
    • Following family wishes and next-of-kin instructions regarding burial, cremation, or other arrangements
    • Accurate identification and tracking of remains throughout the funeral process

Common Signs of Funeral Home Neglect

While every case is unique, there are several common indicators that a funeral home may be neglecting its duties:

  • Poor communication: A lack of communication from the funeral home about the status of services, delays in scheduling, or failure to return calls is a red flag.
  • Disrespectful behavior: If funeral home staff are rude, dismissive, or unprofessional, this behavior can create additional emotional stress for grieving families.
  • Improper care of the deceased: If the body is not stored correctly, or there are signs of mishandling, such as missing personal belongings or substandard embalming practices resulting in altered appearance, these are often signs of neglect.
  • Delays and scheduling issues: If the funeral is postponed without a valid reason or services are repeatedly rescheduled, this may indicate poor management or neglect.
  • Failure to provide documentation: Families should receive all necessary documentation, such as death certificates, burial permits, and receipts. Failure to provide this information in a timely manner may signal mismanagement or neglect.

What to Do If You Suspect Funeral Home Neglect

If you believe a funeral home has neglected its duties, take action promptly:

  • Contact the funeral home: Express your concerns to the funeral home’s management. They may resolve the issue quickly, or you may receive an explanation that puts your mind at ease. Give them a chance to respond.
  • Document the situation: If the mortuary does not respond or still raises red flags, keep a detailed record. Preserve any conversations, emails, and receipts related to the funeral arrangements.
  • File a complaint: If the issue is unresolved, you can file a formal complaint with the New York State Department of Health or the Federal Trade Commission (FTC).
  • Consult with an attorney: Consulting an experienced attorney specializing in funeral home abuse or consumer protection law, such as our team at Rizzuto Injury Firm, can help you understand your rights and options.

What Damages Can You Recover from Funeral Home Neglect?

You may be entitled to damages if the funeral home’s actions have caused you financial loss, emotional distress, or additional hardship. Some potential damages include:

  • Financial Damages: Compensation for any financial losses incurred due to delays or improper services.
  • Emotional Distress: Many families experience significant emotional distress due to neglect, which may be compensable under New York law.
  • Punitive Damages: In cases of extreme neglect or willful misconduct, punitive damages may be awarded to deter future negligence.

When to Seek Legal Help

If you’ve experienced funeral home neglect, speaking with a legal professional specializing in these cases is important. Funeral home abuse can be a delicate and emotionally charged matter. The experienced New York funeral neglect attorneys at Rizzuto Injury Firm will guide you through the process to protect your rights. We will work tirelessly to ensure you are fairly compensated for all damages.

Why Choose the Rizzuto Injury Firm?

At the Rizzuto Injury Firm, we are dedicated to helping families who have suffered from funeral home neglect. Our team is committed to achieving the justice you deserve—aggressively, compassionately, and successfully. With our extensive experience in consumer protection law and wrongful death cases, we will stand by you through every step of the legal process.

If you believe that your loved one’s funeral arrangements were mishandled or that you have been the victim of funeral home neglect, don’t hesitate to reach out to us. Contact the Rizzuto Injury Firm today to schedule a free consultation at 516-604-5496. We’re here to help you seek justice and peace of mind during this difficult time.