Funeral Home Litigation
When a funeral home fails to refrigerate or preserve your loved one
Families plan a viewing so they can say goodbye. Sometimes, when they arrive, there are signs that the body was not properly cared for in the days before, and the family is told the casket must stay closed. Some families only learn afterward that their loved one was kept without refrigeration.
Florida's rules here are specific.
Call (305) 209-0384 Read the questions first ↓
Read the questions first
Florida's storage and preservation rules
- The 24-hour rule. A dead human body may not be held in any place or in transit for more than 24 hours after death, or pending final disposition, unless it is kept under refrigeration at 40 degrees Fahrenheit or below, or is embalmed or otherwise preserved in an approved manner (§ 497.386(2), Fla. Stat.).
- Licensed facilities only. Human remains may be stored only at a facility licensed under Chapter 497, or at a health care facility, medical examiner's facility, morgue, or cemetery holding facility (§ 497.386(1)).
- Dignity and respect. All human remains transported or stored must be "completely covered and at all times treated with dignity and respect" (§ 497.386(4)).
- Permission to embalm. Embalming requires permission from the legally authorized person (§ 497.152(8)(d)). So when a family does not choose embalming, the body must be refrigerated or otherwise preserved in an approved manner.
- Penalties. Violating the 24-hour rule or the dignity-and-respect requirement is a third-degree felony under Florida law (§ 497.386(8)). Violating the handling laws is also grounds for discipline (§ 497.152(8)(a)).
What the law may provide
Florida lets any person bring a civil action against a licensee that violates Chapter 497, for actual damages, punitive damages as the common law allows, and other relief (§ 497.169(1)). A family may also have claims for breach of the funeral 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
- A timeline: the date and time of death, when the body was picked up, and when the viewing took place.
- The contract, showing whether embalming or refrigeration was included or declined.
- Any photographs you already have. You do not need to take any.
- The names of the staff you dealt with.
- A written request for the storage, refrigeration, and cooler logs and any temperature records for those days.
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
Write the timeline while you remember it, keep the paperwork, and send the written records request. Talk with a lawyer before filing a state complaint or signing anything. See What to do right now.
Questions families ask
Can some changes happen even with proper care?
Yes. Some changes can occur even when the rules are followed, depending on the cause of death and other medical factors. That is why the timeline and the storage records matter. An independent review of those records helps tell the difference.
The funeral home blamed the hospital or the medical examiner. Who is responsible?
It depends on who had the body, and when. Hospitals and medical examiners' facilities are among the places the law allows remains to be stored. We trace custody hour by hour to find where the care broke down.
Is this a crime?
Florida law makes violating the 24-hour rule a third-degree felony. Whether anyone is charged is up to prosecutors. A family's civil case is separate and does not depend on a criminal case.
What records should I ask for?
Ask in writing for the intake record, the storage and refrigeration or cooler logs, any temperature records, and the contract. Keep a copy of your request and proof of when you sent it.
Talk to Dennis
When you are ready, call or send a WhatsApp message, in English or Spanish. The office answers 24 hours.
You can read about some of our past cases on our Results page.
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