Cemetery Negligence and Funeral Home Misconduct

The loss of a loved one is always difficult, but the burden can be made even worse because of cemetery negligence. We all trust cemeteries and their employees to be professionals, and to take care of our loved ones, but mistakes happen. Additionally, some employees or cemetery managers act deliberately in their own interest, even to the detriment of their clients and the deceased.

All end-of-life businesses have a duty to uphold their responsibilities and to conduct an embalming, funeral, or cremation respectfully and according to the wishes of their family members. When they fail to do this, they may be liable to the family members of the deceased.

Cemetery negligence can take many different forms. At Kaminsky Law, you can find the assistance you need to protect your rights against a cemetery company, funeral home, or crematory for a variety of reasons.

A busy day at the cemetery, or an obstruction uncovered on the day of the funeral is no excuse for a funeral organization to not be able to conduct a burial as ordered. If a cemetery refuses or claims to be unable to bury your loved one on a date they already agreed upon, you may have grounds for a lawsuit, especially if there is something obstructing the grave space. In some cases, moving the date of the funeral is not an option, or could cost you and your family a significant amount of money. 

All cemeteries are responsible for ensuring they the graves they sold are large enough and empty so that they can accommodate the individual who purchased it, or to ensure that families could be buried together. Finding out that a husband and wife can’t be buried together on the day of the funeral is simply unacceptable. 

If the cemetery fails its responsibility to ensure the space you bought is the space you get. If they do not, they have a responsibility to tell grieving families that this is the case well in advance of the funeral. Should you discover that your cemetery does not have space for your loved one, contact Kaminsky Law to find out your rights. 

 Embalming is an exact and scientific process that can only be carried out by licensed funeral home directors.  However, funeral homes sometimes fail to perform it properly, or perform it in an extremely careless way. Improper embalming can ruin a funeral and cause additional grief for family members. Funeral homes that improperly embalm a loved one, may be liable for negligence and funeral director malpractice. 

Losing a loved one is bad enough, but negligent funeral companies may sometimes lose the remains of the deceased under their care. When this occurs, it can be difficult or even impossible for a respectful funeral to take place. Such a mistake leads to increased and unnecessary grief for the deceased’s family.

Cemeteries can also lose track of a location of a burial, put your loved one’s headstone in the wrong place, or altogether lose remains. When they do, they might be liable to the family for losing the remains of someone in their care no matter what form the remains may be in. 

Cremation is a personal decision and is often decided based on the wishes of the family or as recorded in a deceased person’s will. A cemetery is not allowed to cremate remains without authorization from the family. If accidentally cremate remains, they can be held liable. 

Cemeteries, Funeral Homes, and Crematoriums can also be potentially be liable for unlawfully engaging in the cemetery business, including:

• Not acting respectfully before or during a funeral;
• Refusing to refund customers for services not performed;
• Hiding the true cost of burial procedures or services;
• And more. 

No one should have to endure cemetery negligence during trying times. However, if you know that your loved one wasn’t cared for properly, either before or during the burial process, you may have legal options available to you.

At Kaminsky Law, we’ll advise you on your rights, and if you have a claim, help you take action against cemeteries and funeral homes by getting your loved one buried, hiring an expert to find lost remains, negotiate a fair settlement, or filing a lawsuit to protect your rights and grave spaces. 

Contact us today for a free consultation and more information by calling (215) 876-0800 or clicking below.