When embalming goes wrong, or happens without permission

Florida law puts the decision with the family.

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

Read the questions first

• The funeral home said embalming was required. Was it?
• We gave permission by phone. Does that count?
• Can a funeral home do anything before we decide?
• How long do I have?

What Florida law says

• Permission first. A licensee may not embalm human remains without written or oral permission from the legally authorized person. If permission is oral, the licensee must get it in writing within a reasonable time (§ 497.152(8)(d), Fla. Stat.).
• Basic health steps are allowed. Washing and similar public-health procedures are not barred while the funeral home waits for a decision (§ 497.152(8)(d)).
• Embalming is one option, not the only one. A body held more than 24 hours must be refrigerated at 40 degrees Fahrenheit or below, or embalmed, or otherwise preserved in an approved manner (§ 497.386(2)).
• No false statements about the law. A licensee may not make false or misleading statements about when preservation of a body is legally required (§ 497.152(10)(h)).
• No false promises about decay. A licensee may not claim falsely that embalming can prevent or substantially delay natural decomposition (§ 497.152(10)(f)).
• A written, itemized agreement. The family must receive a written agreement listing the items and services purchased and their prices (§ 497.152(11)(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 breach of the funeral contract or negligence. 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 contract and the itemized statement, showing whether embalming was chosen, declined, or charged.
• Any signed authorization form, or a note of who gave permission by phone, and when.
• Your texts, emails, and call notes telling the funeral home your wishes.
• The names of anyone at the viewing who can describe what they saw.
• A written request for the authorization records and the funeral home's embalming report.

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

If the funeral is still ahead, tell the funeral home your wishes in writing today. Keep every paper and send the written records request. Talk with a lawyer before filing a state complaint or signing anything. See What to do right now and Decomposition and refrigeration failures.

Questions families ask

The funeral home said embalming was required. Was it?

For a body held more than 24 hours, Florida law allows refrigeration or another approved method of preservation instead of embalming, and it bars false statements about when preservation is legally required. Whether another rule applied in your case is something we check. Ask the funeral home to put its reason in writing.

We gave permission by phone. Does that count?

Oral permission can count, but the law requires the licensee to get written permission within a reasonable time. Whether that happened, and who gave the permission, is part of what we review.

Can a funeral home do anything before we decide?

Yes. Washing and basic public-health procedures are allowed while the funeral home waits. Embalming itself requires permission.

How long do I have?

Two years from the day it happened is the deadline we use in every case. Call sooner if you can, while records and memories are fresh.

Talk to Dennis

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

Call (305) 209-0384 WhatsApp

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