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Funeral Negligence Lawyer

White coffin covered in flowers

The death of a loved one is a challenging time for the family of the deceased. Emotional hardship, pain and suffering, and potential financial burdens make this a somber and stressful situation for all those involved. When a loved one dies, you expect and deserve quality funeral services. However, while funeral homes exist to do just this, they are just as likely to be negligent in their work as any other business.

Though not extremely common, funeral home mishaps happen more than people think, and are increasing at an alarming rate. If you are a victim of such a case, you are in the right place. We recommend you speak with a Utah funeral negligence lawyer to see if you are eligible to receive compensation for errors made by a funeral home. By bringing a case against the negligent party, you are protecting other families from similar situations as well.  

Though we suggest an in-office consultation to properly review your funeral negligence case, the following information may help you understand your current position.

Types of Funeral Negligence

Though most acts of negligence by funeral homes are accidental, some can be attempts to take advantage of the deceased and their family. Nevertheless, the intent of the act does not excuse the emotional and financial harm it can cause to the victims. The following are some of the more common types of funeral negligence.

1. Failure to properly handle remains

Handling the remains of a deceased person is a delicate process, and one that requires careful attention to detail. However, funeral homes mishandle these situations too often. Ways in which funeral homes and mortuaries improperly handle remains include:

  • Delivering the wrong body to family members
  • Placing multiple bodies in one plot
  • Dropping or otherwise damaging the body
  • Improper embalming or cremation
  • Preparing the wrong body for a viewing
  • Other mutations of the corpse

2. Embalming Negligence

Embalming is a sensitive process, and can have substantial consequences if not done correctly. Though not usually an intentional error, improper embalming can result in:

  • Insufficient preservation
  • Disfigurement
  • Closed casket services

3. Cremation Negligence

Funeral negligence is by no means limited to traditional burials. Cremation is a common choice, and funeral homes are just as responsible to handle them correctly as they are standard services. Cremation negligence can include:

  • Cremating the wrong body
  • Cremating multiple bodies simultaneously and mixing the remains
  • Accidentally cremating a body
  • Cremating a body to cover other errors
  • Giving the family the remains of the wrong person

4. Cemetery Negligence

Funeral homes work closely with many different cemeteries, and as part of the services are responsible to see that the burial is done properly. Some ways both funeral homes and cemeteries can be negligent include:

  • Burying the wrong body
  • Allowing the gravesite to be vandalized
  • Failing to properly maintain the plot
  • Placing multiple bodies in the same plot to save money
  • Moving the body without the family’s consent

5. Theft and Dishonest Activities

Though it seems appalling, some funeral homes and mortuaries use their position to make extra money in a variety of ways. Some things a funeral home may do to take advantage of the deceased and their family include:

  • Illegally harvesting and selling organs
  • Overcharging for services
  • Collecting personal items such as jewelry and clothing of the deceased.
  • Selling previously used caskets

If your deceased loved one has fallen victim to one or more of these errors by a funeral home, you may be eligible to receive compensation for your financial losses and emotional distress. To discuss your rights, we recommend that you speak with a qualified Utah Funeral Negligence Lawyer as soon as possible.

Image copyright courtesy of carolynabooth and pixabay.

How Do I Prove Negligence?

Funeral negligence is particularly shocking, and therefore fairly simple to prove. You need to prove:

  • Duty
  • Breach
  • Causation
  • Harm

What this means is that you need to prove that the funeral home had a duty to provide adequate services, that they committed an error and breached that duty, and that the breach caused harm to you and/or the body of your deceased loved one.

These types of errors are fairly obvious. However, we strongly recommend speaking with a Utah funeral negligence lawyer to make sure you have a solid case against the funeral home and/or cemetery.


What Can I be Compensated For?


Funerals for a loved one can be both financially and emotionally difficult. Consequently, when dealing with funeral negligence, emotional and financial factors have to be taken into account when a victim is awarded compensation.

If you have experienced any of the previously listed types of funeral negligence, you may possibly be compensated for:

  • Pain and suffering
  • Emotional and psychological distress
  • Financial losses
  • Punitive damages (damages paid by the funeral home as a form of punishment)

Speak with a Utah Funeral Negligence Lawyer Today

At Christensen & Hymas, we interact with real people who have lost loved ones due to accidents on a daily basis. We understand it is a difficult time, and also understand that it becomes even more difficult when funeral services are performed incorrectly or funeral homes attempt to take advantage of you. We want to help make this time a bit easier for you by helping hold the wrongdoers responsible and getting you the compensation you deserve for your losses.

If you and your deceased loved one are the victims of any form of funeral negligence, contact a Utah funeral negligence lawyer at Christensen & Hymas today to discuss your situation and get the help you need during this challenging time.


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