Funeral Home Litigation
When a loved one's body is photographed, shared, or treated without respect
Families trust funeral homes, crematories, and removal services with the person they loved most. Most providers honor that trust. When one does not, a family may learn that photos or video of their loved one's body were taken or shared without permission, that the remains were left uncovered or handled carelessly, or that personal belongings went missing.
Florida law speaks to this directly.
Call (305) 209-0384 Read the questions first ↓
Read the questions first
What Florida law requires
- Covered, with 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), Fla. Stat.). Florida law makes violating that requirement a third-degree felony (§ 497.386(8)). Whether a particular act falls within it depends on the facts and is for law enforcement and prosecutors to decide.
- Professional conduct. Committing fraud, deceit, negligence, incompetency, or misconduct in the practice of any activity Chapter 497 regulates is grounds for discipline (§ 497.152(1)(b)), as is violating any law or rule on the handling, custody, or care of dead human bodies (§ 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)). Depending on the facts, a family may also have claims for intentional infliction of emotional distress, interference with a loved one's remains, or breach of contract.
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 preserve
- Capture before it disappears. Take screenshots showing the image or video, the account name, the web address, and the date and time. Save the link. Ask a trusted friend to help if you would rather not look.
- Do not comment, share, or contact the poster. That can lead to deletion and makes the record harder to prove.
- Then report it to the platform. Saving a copy first preserves the proof; reporting protects your loved one's dignity.
- Write down how you found out, who told you, and when.
- If belongings are missing, list them and keep the funeral home's inventory or receipt, if you have one.
- Keep the contract and every message from the company.
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
Preserve the evidence, then talk with a lawyer before contacting the company in detail, filing a state complaint, or signing anything. See What to do right now.
Questions families ask
Can the post be taken down?
Most platforms have policies against this kind of content and a way to report it. Capture it first, then report it. We cannot promise how a platform will respond, but a saved copy protects your family either way.
The employee was fired. Does that end it?
No. Firing a worker may be the right step for the business, but it does not answer for what happened to your family. What the company knew, its policies, and how it responded all matter.
Is the company responsible for what one worker did?
Possibly. A company can be responsible for what its employees do in some circumstances, and it has its own duties under Florida law to treat remains with dignity and respect. The answer depends on the facts.
Is it a crime?
Some conduct toward a dead body is a crime under Florida law, and whether anyone is charged is up to law enforcement and prosecutors. A family's civil case is separate.
Talk to Dennis
When you are ready, call or send a WhatsApp message, in English or Spanish. We will handle it with discretion. The office answers 24 hours.
You can read about some of our past cases on our Results page.
Former Miami-Dade prosecutor · Since 2012 · Super Lawyers Rising Stars · Avvo Rating 10.0