Funeral Home Litigation
Do I have a claim against a funeral home, crematory, or cemetery?
If something went wrong with your loved one's body or ashes, you may not know whether it was the kind of failure the law addresses or simply a painful experience. Both are real. This page walks through the questions a lawyer asks first. It is general information, not legal advice, and no checklist replaces a conversation about your own facts.
Six questions to ask yourself
1. Was something done to your loved one's remains that should not have been?
For example: the body or ashes were lost, switched, or mixed up; the body was not refrigerated or preserved; the cremation happened without proper authorization; the remains went to the wrong person; the remains were held back or delayed; photos were taken or shared; or a body was donated or used without consent. Each of these has its own page, linked below.
2. Did it happen without the permission Florida law requires?
Florida requires written authorization from the legally authorized person before a cremation (§ 497.607(1), Fla. Stat.) and before an interment or disinterment (§ 497.152(8)(e)). A licensee must also have permission before taking possession of a body or embalming it (§ 497.152(8)(c)–(d)).
3. Are you the person with the right to decide, or the person who signed the contract?
Florida ranks who decides: the decedent's own written directions, then a person named on a military DD Form 93 if the decedent died in service, then the surviving spouse, adult children, parents, adult siblings, adult grandchildren, grandparents, and the next closest relatives (§ 497.005(43)). The person who signed the funeral contract may have rights under that contract.
4. Was the problem hidden, or were you told stories that did not hold up?
What the company knew, and what it told you, matters. A mistake disclosed the same day stands very differently from one that was covered up.
5. How has it affected you and your family?
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. If you are struggling, please see a doctor or counselor. Your health comes first, and those records can matter later.
6. When did you find out?
Write the date down. It matters for the deadline below.
What Florida law provides
Florida lets any person bring a civil action against a licensee that violates Chapter 497. The court can award actual damages, punitive damages as the common law allows, and other relief it finds proper (§ 497.169(1)). These rights add to your ordinary civil rights, and a state action cannot take them away (§ 497.169(3)). Depending on the facts, a family may also have claims for interference with a loved one's remains, intentional infliction of emotional distress, breach of contract, or negligence.
Often more than one company touched the remains. Finding the one that had custody when things went wrong is the first job.
When the honest answer is "maybe"
Not every painful experience becomes a lawsuit. Some problems are better handled through a written complaint to the state, a refund request, or a direct conversation. When you call, we will tell you plainly which path fits your situation.
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.
Where to go from here
- What to do right now
- Lost or mixed-up ashes Lost or mixed-up remains
- Released to the wrong person Wrongful cremation
- Decomposition and refrigeration failures Desecration and unauthorized photos
- Repatriation and international shipping Body donation and tissue without consent
- Remains withheld Cemetery negligence
Questions families ask
Is an honest mistake enough for a claim?
It can be. Florida's handling and identification rules exist so that mistakes do not happen, and a broken rule is strong evidence that the care fell short. How much the case is worth to a court depends on the facts, including whether the company hid the error and how it treated your family afterward.
I did not sign the contract. Can I still bring a claim?
Possibly. The person Florida law gives the right to decide about the funeral may have a claim even if someone else signed. Other relatives may be affected too. We sort out who holds which claim at the start.
Do I have to file a complaint with the state first?
No. A state complaint and a lawsuit are separate. The state can discipline a licensee, but it does not compensate your family. Because the licensee may receive a copy of a written complaint, talk with a lawyer before you file one.
Does it cost anything to find out?
No. The first call is free, in English or Spanish, and the office answers 24 hours.
Talk to Dennis
When you are ready, call or send a WhatsApp message, in English or Spanish. We will listen first.
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
Related
- What to do right nowNine steps to protect your family and the evidence, starting today.
- Lost or mixed-up ashesWhen ashes are lost, delayed, or may not be your loved one's.
- Released to the wrong personWhen a body or ashes go to someone who had no right to them.
- Decomposition and refrigeration failuresWhen a body was not kept cold or preserved and decomposed.
- Desecration and unauthorized photosWhen a body was disrespected or photographed without permission.
- Body donation and tissue taken without consentWhen a body, organs, or tissue were donated or used without the family's consent.
- Repatriation and international shippingWhen a body shipped abroad arrives late, damaged, or is the wrong person.
- Wrongful cremationWhen a body is cremated without the family's authorization, or the wrong body is cremated.
- Remains or ashes held backWhen a funeral home will not release a body or ashes to the family.
- Cemetery negligenceWhen a cemetery disturbs, moves, or loses a grave or the remains in it.
- Lost or mixed-up remainsWhen remains are lost, or the family receives the wrong ashes.