Dallas Funeral Home Negligence Lawyer

Giving a loved one a proper burial is a final act of respect and love. Families trust funeral homes to coordinate, oversee, and conduct this delicate process with the care and dignity their loved one deserves.

When negligence—or worse, intentional abuse—violates that trust and demeans your loved one’s memory, you deserve justice and compensation for this inexcusable lack of care and compassion.

A Dallas funeral/cemetery negligence lawyer at Carew Garcia Bohuslav Law, PLLC will fight to restore honor to your loved one and help you recover compensation for your financial losses and emotional suffering. We offer free consultations, so contact us today to learn whether you may have a valid claim as a result of the mishandling of your loved one’s funeral, burial, or cremation.

Understanding Funeral Home or Cemetery Negligence Cases in Texas

The process of bringing a body to its final resting place can be elaborate. No matter if you have arranged for a simple or large ceremony, burial or cremation, many steps must be followed properly to make sure your loved one’s final wishes are respected.

When that doesn’t happen, even if it’s not intentional, you could be entitled to compensation. Here are some examples of negligence that can occur in funeral homes or cemeteries:

• Improper embalming techniques
• Dropping or mishandling bodies during transport
• Placing the wrong body in a coffin
• Cremating a body that was supposed to be buried
• Commingling cremains of multiple corpses
• Giving the wrong cremains to a family
• Burying multiple bodies in one coffin
• Burying a body in the wrong gravesite
• Losing remains
• Improper storage of bodies
• Mislabeling cremains

Many of these issues may occur due to lack of training, poor supervision, or other careless mistakes. Sadly, some intentional acts also occur, including:

• Switching out the purchased coffin for a less expensive one
• Desecration of gravesites
• Sexual abuse of a corpse
• Theft of organs for resale
• Robbing bodies of personal items

If intentional abuse has occurred, the defendant may face criminal charges in addition to civil liability.  Our Dallas funeral/cemetery negligence lawyers will monitor any criminal investigations and coordinate with relevant agencies while handling your personal injury lawsuit.

How Do I Win a Funeral/Cemetery Negligence Case?

These troubling cases are usually based on negligence. That means the funeral home or cemetery did not act with the care expected from a reputable establishment.

To recover damages, you will have to prove all four elements of negligence:

• Duty: the cemetery or funeral home (defendant) owed you a duty to handle your loved one’s remains with the care expected of others in the industry
• Breach: the defendant failed to uphold that duty
• Causation: the defendant’s conduct resulted in harm to you
• Damages: you suffered actual damages as a result of the defendant’s conduct

These cases may involve multiple legal theories. For example, you may also have a breach of contract claim if the funeral home did not handle the process in accordance with your agreement. Our legal team understands the complexities involved with funeral or cemetery negligence, and we’re well-prepared to handle all claims necessary to restore your loved one’s dignity.