The Funeral Home Litigation Guide

Quick answers

Can I sue a funeral home in Florida?

Yes. Florida's funeral law, Chapter 497, lets any person bring a civil action against a funeral home, crematory, cemetery, or other licensee that violates it, and those rights add to your ordinary civil rights. Whether your case is strong depends on what happened, what the staff knew, and what evidence survives. Do I have a claim? →

How long do I have to sue a funeral home in Florida?

Two years. Florida gives a negligence claim two years, and we treat two years from the day it happened as the deadline in every funeral, cremation, and cemetery case. Some claims may run longer, but no family should count on that. If you only just found out, call anyway; when the clock started is decided case by case. What to do right now →

Who has the legal right to decide what happens to a body in Florida?

Florida ranks it. The decedent's own written directions come first, then a person named on a military 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. That person signs the authorizations and usually holds the right to sue. Released to the wrong person →

Can a funeral home cremate without written permission?

No. Florida law says a cremation may not be performed until a legally authorized person gives written authorization. The person arranging it must also sign a declaration of intent stating what will happen to the ashes. A cremation without that signature violates Chapter 497 and can support both state discipline and a civil case. Wrongful cremation →

How do I file a complaint against a funeral home in Florida?

Send a written complaint to the Division of Funeral, Cemetery, and Consumer Services at the Florida Department of Financial Services. The Division investigates written complaints and can take disciplinary action, including fines, suspension, or revocation. The funeral home receives a copy of your complaint, so speak with a lawyer before filing if you may also bring a claim. What to do right now →

Will a state complaint get my family money?

Usually not. The Division can fine a licensee up to $5,000 per count, suspend or revoke a license, and order restitution to people harmed. It does not award damages for your family's grief or anguish. Compensation comes through a civil case, and Florida keeps that right open no matter what the state does. Mishandled remains →

Do I need a physical injury to sue over mishandled remains?

That question is now before the Florida Supreme Court, which is considering when Florida law allows recovery for emotional harm without a physical injury. Your family's emotional harm matters, and we will explain how the law stands for your situation. Call even if no one was physically hurt. Do I have a claim? →

What if the funeral home gave us the wrong ashes?

Keep the urn exactly as you received it, with any tag inside. Florida requires identification inside every container of cremated remains, so that label and the funeral home's records are key evidence. Do not divide, scatter, or transfer the ashes. Call a lawyer, who can trace where the identification chain broke. Lost or mixed-up ashes →

Can a funeral home keep the body until we pay the bill?

Florida lists as a ground for discipline a licensee's refusal to promptly surrender a body on the express order of the legally authorized person, subject to laws such as a medical examiner hold. That provision's text has no unpaid-bill exception. You may still owe what you agreed to, but the body is not collateral. Remains or ashes held back →

What happens to ashes no one picks up?

Florida allows a funeral home or direct disposal establishment to dispose of cremated remains that are still unclaimed 90 days after cremation, for example by scattering at sea or placing them in a cemetery scattering garden. If a funeral home is holding your loved one's ashes, claim them in writing now and keep proof you sent it. Remains or ashes held back →

Can a cemetery move a grave without permission?

No. Florida requires written authorization from a legally authorized person, or a court order, before a body is disinterred and reinterred, and a licensed funeral director must be present unless the remains stay in the same cemetery. Moving remains without that authorization violates Florida's funeral law and can support a civil claim. Unauthorized disinterment →

What should I keep after a funeral home mistake?

Keep the contract, itemized statement, receipts, authorizations, the death certificate, photographs, any urn exactly as received, and every text, email, and voicemail. Write a dated timeline of who said what. Do not sign a release, refund agreement, or new contract until a lawyer reads it. These papers often decide the case. What to do right now →