Can I Sue a Funeral Home in New York?

In America, dying is a business. With the average burial or cremation costing around $8,000, funeral homes are a $1.2 billion a year industry. Considering the amount of money we spend to say goodbye to our loved ones, it’s not unreasonable to expect funeral homes and their employees to behave respectfully to both families and the deceased. Unfortunately, this is not always the case. Around 1/10 funeral homes have been cited for neglectful or abusive practices, with some funeral directors even facing prison time for their behavior.

Some people believe that they can treat the bereaved any way they wish. They may think that families have “no choice” in how they pay their final respects, and may attempt to take advantage of families financially or simply neglect their duties. This is wrong both morally and legally.

In New York, there are laws and statutes in place to prevent funeral homes from taking advantage of grieving families. These laws are in place to protect both the dignity of the deceased and ensure the living aren’t exploited by predatory businesses. Failure to properly observe these laws opens funeral homes up to lawsuits. That’s why if you or a loved one has experienced abuse or neglect from a funeral home, it’s vital you contact our compassionate yet aggressive civil litigation attorney. A lawyer may be the only thing standing between you and justice for your loved one.

What is Funeral Home Neglect?

Funeral home neglect is a behavior that violates the legal, ethical, or moral responsibilities of a funeral home. As a business that deals with dead bodies and grieving families, funeral homes must adhere to a strict set of legal and ethical guidelines that dictate their behavior. Ethical guidelines set out expectations for how funeral homes will go about their business and interact with the public. Failure to adhere to these guidelines opens a funeral home to legal action. 

Examples of neglect include, but are not necessarily limited to:

  • Abusing the Remains
  • Stealing Personal Possessions from the Deceased
  • Lying about Funeral Expenses
  • Failure to Properly Prepare the Body
  • Failure to Properly Dispose of the Body
  • Not Allowing Family and Friends Adequate Time with the Deceased
  • Improperly Preparing the Body for Showing
  • Use of Unauthorized Materials (Using the Wrong Urn, Casket, etc.)

These are only a few examples of behavior that constitute funeral home neglect. Any abusive, illegal, unethical, or immoral behavior can constitute funeral home neglect. If you believe you and your loved ones were subjected to funeral home neglect, it’s vital that you contact one of our experienced attorneys.

How Much Can I Sue a Funeral Home For?

The amount of money you can recover from a funeral home will depend on the extent of their neglect. In a civil lawsuit, there are three types of damages you can collect: economic, non-economic, and punitive.

Economic damages are compensation for actual monetary losses. If a funeral home stole from your loved one, lied to you about funeral costs, used the wrong burial materials or plot, or did anything else that cost you money, you can seek compensation for it.

Non-economic damages are compensation for abusive or neglectful behavior that does not have a concrete value. For example, if a funeral director rushed you through the viewing, did not allow friends or family members to see the deceased, or did not follow instructions for preparing the body, you may be able to collect non-economic damages. Because they don’t have a set value, the amount of money you can be awarded for non-economic damages will fluctuate on a case-by-case basis. An experienced attorney can help determine an appropriate amount to request.

Punitive damages are an extra type of monetary damage awarded by the court. Punitive means “punish.” These are damages awarded on top of economic and non-economic damages as a means to punish people or businesses who have engaged in especially egregious behavior. For example, suppose someone was supposed to be laid to rest in a family plot, but the funeral home instead cremated the body, including an expensive casket intended for display and burial. In addition to funeral and casket expenses, a court may award punitive damages for being especially irresponsible.

What Evidence Do I Need to Sue a Funeral Home?

Because funeral homes are businesses, receipts are valuable evidence to bring to trial to prove economic damages. Additionally, photos, emails, text messages, and other communications between family and friends can establish if a funeral home engaged in abusive or neglectful behavior. For example, photos can demonstrate if a body was prepared improperly. Photos may also prove vital if they demonstrate that valuables went missing from the body at the funeral home.

Eyewitness testimony is also valuable. Friends and loved ones of the deceased can testify about their experiences and help to establish a pattern of abusive or neglectful behavior. Having to testify about an improper burial or disrespectful behavior around a funeral can be emotionally taxing. This is why having an attorney represent you and your loved ones is vital. An experienced civil litigation attorney can often negotiate a settlement rather than go to court. Avoiding a potentially lengthy courtroom battle also spares you and your loved ones from having to relive difficult or painful memories in front of a judge and court.

What Should I Do if I Experienced Funeral Home Neglect in New York?

The deceased deserve our respect. A funeral should be a farewell to the departed and an opportunity for family and friends to say goodbye in a respectful, dignified manner. Funeral homes that abuse the position of trust and authority they have been given need to be held accountable.

At Rizzuto Injury Firm, we take funeral home neglect especially seriously. Death is meant to occur with dignity. Families of the deceased deserve the utmost respect. That’s why we take abusive and neglectful funeral homes to task. We’ll fight for you and your loved one so you don’t have to. In many cases, one of our attorneys can negotiate a settlement and avoid a potentially lengthy and complicated trial. If we aren’t able to reach a settlement, our attorneys will go to trial for you and fight for the outcome you deserve.

Death is meant to happen with dignity. Families deserve the opportunity to say goodbye in a respectful manner. Funeral homes that abuse the trust they have been given need to be held responsible. If you or a loved one experienced funeral home neglect in New York, don’t hesitate to call Rizzuto Injury Firm today at 516-604-5496 to schedule your free consultation.