Funeral Home Litigation
When a funeral home mishandles the body of someone you love
A funeral home, crematory, or transport service was trusted with your loved one's body and did not treat it the way Florida law requires. It may have been left unrefrigerated, damaged, dropped, left uncovered, prepared without permission, or photographed. The pages linked below go deeper into each situation.
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Find your situation
- Not refrigerated or preserved; decomposition before the viewing
- Embalmed without permission, not embalmed as agreed, or embalming problems
- Dropped, uncovered, or damaged during removal or transport
- Photos, mistreatment, or undignified handling
- Body lost, switched, or misidentified
- Burial or cremation delayed
What Florida law requires of a funeral home
Florida regulates funeral homes, embalmers, crematories, and removal services under Chapter 497 of the Florida Statutes. Human remains that are stored or transported must be "completely covered and at all times treated with dignity and respect" (§ 497.386(4), Fla. Stat.). A body held more than 24 hours after death, or while waiting for final disposition, must be refrigerated at 40 degrees Fahrenheit or below, or embalmed or otherwise preserved in an approved way (§ 497.386(2)). A body must carry an identification tag from the moment it is removed from the place of death (§ 497.171(1)(d)).
The law also makes it a ground for discipline to commit negligence, incompetency, or misconduct in the practice (§ 497.152(1)(b)), to take possession of a body without permission, or to embalm without permission (§ 497.152(8)(c)–(d)).
When those rules are broken, the family is not left with only a state complaint. Florida law lets any person bring a civil action against a licensee who violates Chapter 497 (§ 497.169(1)).
Who can sue
The right usually belongs to the person who had the legal right to make the funeral decisions. Florida ranks those people in order: the decedent's own written directions, then a person named on a military Form 93 if the decedent died in service, the surviving spouse, an adult child, a parent, an adult brother or sister, an adult grandchild, a grandparent, and then the next closest relatives (§ 497.005(43)).
What must be proved
- What happened to the body. The specific act or failure, with dates.
- Who was responsible. The funeral home, a removal company, a crematory, a hospital morgue, or more than one.
- What rule or standard was broken. Chapter 497 and the state's rules supply much of the standard. A broken rule is strong proof that the care fell short.
- What it did to 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.
The deadline
Two years. Florida law gives a negligence claim two years (§ 95.11(5)(a), Fla. Stat.). 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.
A state complaint or a lawsuit?
The Division of Funeral, Cemetery, and Consumer Services, part of the Florida Department of Financial Services, investigates written complaints. It can discipline a licensee, including fines, suspension or revocation, and restitution (§ 497.153(5)). It does not award your family money for what you went through. A lawsuit is how a family is compensated, and Chapter 497's remedies add to your ordinary civil rights (§ 497.169(3)). The licensee may receive a copy of a state complaint, so talk to a lawyer before you file. See What to do right now.
Questions families ask
Can I sue a funeral home in Florida?
Yes. Florida's funeral law lets any person bring a civil action against a funeral home, crematory, or other licensee that violates Chapter 497, and your ordinary civil rights remain on top of that. Whether your case is strong depends on what happened, what the staff knew, and what proof survives.
How long do I have?
Two years from the day it happened is the deadline we use in every funeral case. If you only just learned what happened, call anyway.
Who in the family can bring the case?
Usually the person Florida law gave the right to make the funeral decisions: first the decedent's written wishes, then the spouse, then adult children, then parents, and on down the list. When several relatives share a rank, we decide together, early, who brings the case.
What if the funeral home offers a refund?
Read the paper before you cash anything. A refund check can come with a release that ends every claim your family has. Have a lawyer review any offer, and keep a copy of everything they send.
Talk to Dennis
You should not have to fight this alone, and you should not have to explain it twice. 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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Related
- Decomposition and refrigeration failuresWhen a body was not kept cold or preserved and decomposed.
- Embalming problemsWhen embalming was done without permission, done badly, or not done.
- Transport and removal mishandlingWhen a body is mishandled during removal or transport.
- Desecration and unauthorized photosWhen a body was disrespected or photographed without permission.
- Do I have a claim?Six questions a lawyer asks first, and what Florida law may provide.
- What to do right nowNine steps to protect your family and the evidence, starting today.