Florida Funeral Home Negligence Attorney
Lost remains. Unauthorized cremation. The wrong ashes returned. Tampering with a body entrusted in sacred confidence. If a funeral home betrayed your family, Florida law gives you real recourse — and I litigate these cases.
Funeral home and cemetery litigation is one of the rarest practice areas in Florida — most lawyers never handle a mishandled-remains case in their entire career. I am Dennis Gonzalez Jr., a Florida trial attorney, and this is a core practice area of my firm. I currently represent families in active litigation against funeral industry defendants, and I have guided families through the state regulatory complaint process from filing through investigation and findings.
Confidential Consultation — Handled With the Care Your Family Deserves
Speak directly and privately with the attorney.
Cases We Handle
- Lost or misplaced remains — bodies or cremated remains the funeral home cannot locate or account for;
- Unauthorized cremation or burial — disposition without proper legal authorization from the person entitled to decide;
- Wrong remains returned — families given the ashes or body of a stranger;
- Commingled remains — ashes mixed with those of others;
- Improper storage and decomposition — failures of refrigeration, embalming, or basic care;
- Tampering with or desecration of remains;
- Wrong plot, double burials, and cemetery mapping failures;
- Preneed contract violations — prepaid funeral arrangements not honored.
Florida Law Is on Your Family’s Side
Florida regulates the entire death care industry under Chapter 497, Florida Statutes — funeral establishments, funeral directors, cemeteries, and crematories are all licensed and disciplined by the Florida Department of Financial Services, Division of Funeral, Cemetery & Consumer Services. And Florida courts have long treated the mishandling of a dead body as a distinct legal wrong: the family’s interest in the dignified treatment of their loved one’s remains is legally protected, and Florida law has historically permitted recovery for mental anguish in mishandling-of-remains cases where emotional-distress claims would otherwise face steep barriers.
Two tracks, one strategy: a well-run case usually proceeds on parallel paths — a regulatory complaint that can trigger a state investigation and license discipline, and a civil action for damages against the funeral home, cemetery, crematory, and often the corporate chain that owns them. The regulator’s findings can become powerful evidence in the courtroom.
What Discovery Usually Reveals
Families are told “these things happen” — a one-time accident, an unfortunate mix-up. Litigation frequently tells a different story: understaffed facilities, untrained personnel, broken chain-of-custody procedures, recordkeeping failures, and corners cut for profit. When what happened to your family is part of a pattern, the case is not just about compensation. It is about forcing an industry built on trust to earn it.
Frequently Asked Questions
Can I sue a funeral home in Florida for losing or mishandling remains?
Yes. Florida recognizes civil claims against funeral homes, cemeteries, and crematories for negligent and intentional mishandling of remains, and damages can include the family’s emotional suffering — not just out-of-pocket losses.
Who in the family has the right to bring a claim?
Generally, close next of kin — typically the spouse and near relatives responsible for the arrangements. Who may recover, and for what, depends on the facts and the relationships involved; this is one of the first things I analyze in a consultation.
What compensation is available?
Depending on the facts: mental anguish and emotional distress, refunds of amounts paid, costs of corrective measures (disinterment, reburial, memorial services), and in cases of intentional or grossly negligent conduct, potentially punitive damages.
Should I file a complaint with the State of Florida?
Usually yes — the Division of Funeral, Cemetery & Consumer Services investigates consumer complaints and can discipline licensees. But timing and framing matter, and the complaint should be coordinated with your litigation strategy. I handle both tracks together.
What evidence should I preserve?
Everything: contracts, receipts, authorization forms, the death certificate, photographs, urns or containers, and every text, email, and voicemail with the funeral home. Put your questions to the funeral home in writing, and do not sign any new documents — especially releases — before speaking with a lawyer.
How long do I have to bring a claim?
Deadlines depend on the legal theories involved, and Florida’s limitations periods have changed in recent years — most negligence claims now carry a two-year deadline. Do not wait: contact counsel as soon as you suspect something is wrong.
What does it cost?
The consultation is free and confidential. Most funeral home negligence cases are handled on contingency — no fee unless we recover for your family.
Do you handle these cases outside Miami?
Yes. I handle funeral home and cemetery litigation statewide, and I am currently litigating funeral industry cases beyond Miami-Dade.
¿Atienden casos en español?
Sí. Toda la consulta y la representación están disponibles completamente en español. Entendemos lo que la dignidad de un ser querido significa para nuestra comunidad.
For more on this area of law, read my articles on Florida’s legal framework for funeral home liability.
If a funeral home betrayed your family’s trust, you do not have to accept an apology as the final word.
Free, confidential consultation — English y Español.
Contact us online • Dennis Gonzalez Jr., P.A. • 11401 SW 40th St, Suite 250, Miami, FL 33165
Attorney advertising. This page provides general information about Florida law and is not legal advice; no attorney-client relationship is created by visiting this page. Nothing on this page describes any pending client matter. Every case is different, and past results do not guarantee future outcomes. Deadlines described are general statements that may not apply to your situation — consult a licensed Florida attorney promptly.