McKinney Funeral Home Negligence Lawyer

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McKinney funeral homes and cemeteries have a duty to treat deceased people with respect and are held to federal regulations. Unfortunately, not all of them uphold this duty of care and mishandle the remains in their care. This negligence can have a significant impact on the families of the deceased.

If you and your family have experienced funeral or cemetery negligence, trust the lawyers at Carew Garcia Bohuslav Law, PLLC to represent your lawsuit. Our capable, detail-oriented attorneys will leave no stone unturned when investigating your claim and will work tirelessly to hold the funeral home or cemetery accountable.

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Why Choose Our McKinney Funeral and Cemetery Negligence Lawyers

  • Our personal injury attorneys have years of experience representing McKinney families in their claims against funeral homes and cemeteries. You can trust us to advocate for your family’s right to justice.
  • In the past five years alone, we have successfully handled over 250 personal injury claims. Our attorneys will leverage their skills, knowledge, and experience to build a compelling case in your favor.
  • Our lawyers will be available to help your family navigate the complex litigation process. We will answer any questions, respond to any concerns, and help you prepare for each stage of your case.

Examples of Funeral and Cemetery Negligence in Texas

Negligence refers to a person or entity’s careless actions. Usually, these wrongful behaviors occur when a duty or obligation is breached. When a funeral home or cemetery mishandles the remains of a deceased person, it commits an act of negligence.

Our McKinney personal injury lawyers represent families in a wide range of claims involving the negligence of funeral homes and cemeteries. Below are a few examples of funeral home negligence claims that we handle:

  • Wrongful cremation or burial
  • Improperly caring for remains
  • Stealing personal property from a body
  • Burying a body in the wrong casket
  • Misplacing ashes after cremation
  • Abusing a deceased person’s body
  • Extracting and selling human organs
  • Overcharging your family for services that you never received

Negligence is not limited to funeral homes; cemeteries can commit harmful acts as well. Below are a few examples of cemetery negligence:

  • Burying someone in the wrong plot
  • Failure to follow a family’s instructions
  • Improper grave maintenance
  • Misplacing tombstones
  • Overselling plots and stacking dead remains
  • Improperly exhuming a body
  • Breaching contracts
  • Harming a person’s body, casket, or tombstone

Funeral homes in McKinney have a duty of care to provide decedents and their families with compassionate, professional care and attention. If a funeral home disregards this responsibility it may result in expenses such as corrective actions in embalming, exhuming bodies to correct mismatches or wrong-plot burials, or replacement of damaged caskets. The family members of the deceased loved one shouldn’t be left to absorb these additional costs as well as suffer the emotional consequences of the negligent or wrongful actions.

Who Can File a Lawsuit Against a Funeral Home in McKinney?

Anyone who cared for the individual who passed can suffer emotional distress and anger when funeral home employees fail in their duty to treat a deceased loved one with dignity and compassion or to respect the family’s wishes; however, Texas places limits on those who can sue a funeral home for negligence. This prevents distant relatives, friends, or acquaintances from exploiting the person’s death and the unethical situation resulting from the negligence or wrongdoing. Instead, only those who face direct impacts or economic damages from the negligent actions may file a lawsuit against the McKinney funeral home. Only the following surviving family members may file this type of negligence claim in Texas:

  • The decedent’s spouse
  • The decedent’s parent
  • Adult children of the decedent

Alternatively, an heir named in the decedent’s will may file a lawsuit for funeral home negligence in McKinney if none of the above close family members file a claim or if the decedent has no living close relatives.

 

How to File a Lawsuit Against a McKinney Cemetery or Funeral Home

Funeral home and cemetery negligence can have a devastating impact on your family. Your loved one deserves to have his or her remains handled with respect and care. This type of desecration can cause significant pain and suffering.

No one deserves to have their loved ones disrespected by a funeral home or cemetery. If you have experienced funeral or cemetery negligence, you have the right to file a lawsuit against the owner, director, and any other liable party in Texas civil court.

To file your lawsuit, you will first need to contact a McKinney funeral and cemetery negligence attorney who can handle your case. Your lawyer will evaluate your case and determine if your family is eligible for a claim.

Then, your attorney will conduct a full investigation into the incident and gather evidence to prove that the negligence occurred. He or she will then start building a compelling case to prove your family’s right to recovery in Texas civil court. Your lawyer may also negotiate with the at-fault funeral home or cemetery to settle your claim before going to trial.

How to Prove a Cemetery or Funeral Negligence Claim in Texas

Funeral homes and cemeteries deserve to be held accountable for their negligent actions. If your loved one’s remains were mishandled by a funeral industry professional, you could hold that individual and his or her employer accountable for the damages that you suffered.

There are four facts that you will need to prove in order to secure compensation in a funeral or cemetery negligence lawsuit: duty of care, breach of duty, causation, and damages.

  • Duty of Care: The funeral home or cemetery owed your family a duty to handle your loved one’s remains with respect and care.
  • Breach of Duty: The funeral home or cemetery breached his or her duty of care by committing an act of negligence.
  • Causation: The negligence caused harm to your loved one’s remains and your family.
  • Damages: Your family and your loved one experienced damages that you can recover in your lawsuit.

What Is the Average Funeral or Cemetery Negligence Settlement?

Depending on the circumstances surrounding your case, your family could recover financial compensation to pay for pain and suffering, property damage, and other losses. Because these losses vary from case to case, it can be difficult to calculate the average funeral or cemetery negligence settlement.

In these situations, it is important to consult with a McKinney funeral and cemetery negligence lawyer from Carew Garcia Bohuslav Law, PLLC. Your lawyer can help your family determine what types of compensation you can claim and advocate aggressively for the highest possible award. Together, we will hold the funeral home or cemetery accountable for your losses.

Damages Available in Texas Funeral Negligence Claims

Though no two lawsuits against funeral homes are the same, common damages claimed in McKinney funeral home lawsuits include:

  • Reimbursement of funeral expenses
  • Compensation for property damage
  • Reimbursement for lost wages if you missed work to deal with correcting the problem
  • Emotional distress
  • Punitive damages

Only in cases of egregious wrongdoing, financial fraud, gross negligence, or malice does a Texas court consider awarding punitive damages to family members in a funeral home negligence case. Punitive damages serve as a punishment and deterrent to the wrongdoer rather than as compensation for damages but they may substantially increase the value of a claim.

How a McKinney Funeral/Cemetery Negligence Attorney Can Help Your Case

When you and your family experience funeral and cemetery negligence, you need an attorney on your side. A personal injury lawyer from Carew Garcia Bohuslav Law, PLLC can provide your family with important support throughout your case, protecting you and your family’s best interests during each step of the way.

  • Your lawyer will have access to resources that he or she can leverage to investigate your loved one’s case and gather evidence.
  • Your attorney can estimate your potential award and help your family recover the highest possible settlement.
  • Your lawyer can guide your family through each stage of your claim and provide you with much-needed support during the litigation process.
  • Your attorney can represent you in negotiations with the insurance company or attorneys of the funeral home or cemetery and advocate for your family’s right to recovery.

Funeral Homes In McKinney

It’s always best to take the time to shop around for funeral homes before one becomes necessary. Even for sudden, unexpected deaths, it’s a good idea to read reviews and testimonials from past clients. McKinney has many funeral homes available for your lost loved one including the following:

  • Charles W. Smith and Sons
  • Tulip Cremation
  • Turrentine-Jackson-Morrow Funeral Home
  • aCremation
  • Ridgeview Crematory
  • Stonebrier Funeral Home and Cremation Services
  • Allen Family Funeral Options
  • Neptune Society Creation
  • Mansfield Funeral Homes and Cremation
  • Ted Dickey Funeral Home

A funeral home should treat your loved one with the dignity and respect they’ve earned and deserve. A funeral is the last thing you’ll do for your loved one. A funeral home should be trustworthy enough to accomplish your goals for the event and their duty to your loved one’s remains without making more painful memories. When a funeral home fails in its duty to provide adequate care it’s devastating for already-grieving family members.

Contact Carew Garcia Bohuslav Law, PLLC Today

If you and your family have experienced negligence on the part of a funeral home or cemetery, you deserve justice. The attorneys at Carew Garcia Bohuslav Law, PLLC are here to help.

Call us or contact us online to schedule your free case consultation. Our attorneys will carefully examine your case and help you understand your optimal path to recovery.

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