Funeral Home Litigation

When a cemetery fails your family

A grave is meant to be permanent. Families trust a cemetery to put their loved one in the right place, leave the remains undisturbed, keep accurate records, and care for the grounds.

Florida law sets duties for cemeteries. This page is an overview. Choose the situation closest to yours:

Wrong grave and double-sold plots: buried in the wrong space, or someone else in the space your family bought.
Unauthorized disinterment: remains dug up or moved without the family's written authorization.
Lost graves and cemetery neglect: the cemetery cannot find the grave, markers are missing, or the grounds are not kept up.

Call (305) 209-0384 Read the questions first ↓

What Florida law requires of a cemetery

Written permission to bury or move. Failing to obtain written authorization from a legally authorized person before an interment, entombment, disinterment, disentombment, or disinurnment is a ground for discipline (§ 497.152(8)(e), Fla. Stat.).
Every burial marked. A licensed cemetery must place a tag or permanent identifying marker with the decedent's name and date of death on the outer burial container or cremation interment container, or inside the crypt or niche (§ 497.171(3)(b)).
Every burial recorded. A cemetery company must keep a record of every burial showing the date, the name of the person buried, and the lot, plot, and space (§ 497.276(1)).
Grounds kept up. A licensed cemetery's grounds, structures, and improvements must be well cared for and maintained in a proper and dignified condition (§ 497.262).

What the law may provide

Florida lets any person bring a civil action against a person or company that violates Chapter 497, for actual damages, punitive damages as the common law allows, and other relief (§ 497.169(1)). These rights add to your other civil rights (§ 497.169(3)). A family may also have claims for breach of the burial-rights contract, negligence, or interference with a loved one's remains. Your family's emotional harm matters. The Florida Supreme Court is now considering when Florida law allows recovery for emotional harm without a physical injury, and we will explain how the law stands for your situation.

What to keep and request

The burial-rights certificate, deed, or contract, and every receipt.
The plot number and any map or letter confirming the location.
Dated photographs of the grave, the marker, and nearby plots.
Funeral home papers for the burial.
Every message from the cemetery, and notes of every call.
A written request for the interment record and the cemetery bylaws. A licensed cemetery must provide its bylaws on request (§ 497.152(11)(h)).

The deadline

Two years. Florida law gives a negligence claim two years (§ 95.11(5)(a)). Some claims may carry a longer period, but no family should bet on that. We treat two years from the day it happened as the deadline in every case, and you should too. If you only just found out, call anyway: when the clock started is a question we answer case by case.

What to do first

Do not let anyone open, move, or "fix" the grave without written agreement and a lawyer's review. Photograph what you see and gather your papers. See What to do right now and Do I have a claim?.

Questions families ask

Can I sue a cemetery in Florida?

Florida lets any person bring a civil action against a cemetery that violates Chapter 497, in addition to ordinary civil rights. Whether your family has a claim depends on what happened, who did it, and what the records show.

Does it matter who owns the cemetery?

Yes. Florida exempts some cemeteries from most of its cemetery rules, including county and city cemeteries, small religious cemeteries, and small family cemeteries. A few rules, such as the burial-records rule, apply to all cemeteries. A government-run cemetery also brings special notice rules before any lawsuit. Tell us who runs it on the first call.

Who pays the lawyers?

If your family wins a civil case over a Chapter 497 violation by a licensed cemetery company, Florida lets the court order the cemetery company to pay your reasonable attorney's fees and costs. Fee rules can affect both sides in a lawsuit; we explain them, plainly and in writing, before filing.

How long do I have?

Two years from the day it happened is the deadline we use in every case. Cemetery problems often surface years later, so call the day you find out.

Talk to Dennis

When you are ready, call or send a WhatsApp message, in English or Spanish. The office answers 24 hours.

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You can read about some of our past cases on our Results page.

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