Funeral homes play an important role in helping families grieve for the loss of a loved one. The scope of their duties can extend well beyond just providing a space for holding memorial services, including services relating to the preparation and storage of remains, cremation, and advice regarding statutory requirements. A funeral home is subject to regulation by the Nevada Board of Funeral & Cemetery Services. In the midst of a challenging emotional time, a funeral home’s negligence can cause significant disruptions, both emotionally and financially, to a family.
Examples of funeral home negligence have been in the news lately. They cover a broad range of sometimes shocking behaviors by funeral homes that through inattention or outright fraud have created emotionally devastating circumstances for their clients. Examples have included homes that have mishandled the remains of deceased clients, such as not keeping them properly stored so that they begin to decompose. Other funeral homes have been caught storing bodies that they claimed were cremated. Still others have been discovered trying to cover up serious mistakes, like burying someone in the wrong plot.
A family that discovers wrongdoing like this can be left with deep feelings of anguish, in addition to potentially facing additional costs associated with correcting problems caused by the funeral home. In some circumstances a family that is dealing with such trauma can sue to recover compensation for the costs associated with a family’s suffering, therapy, and recovery.
Many funeral homes will ask their clients to sign contracts that contain some form of liability waiver for routine problems that can arise during the mortuary process. For example, contracts for a cremation may specify that a funeral home is not responsible for removing personal property like rings before cremation begins. It’s important for families to review these contracts with care and understand what their obligations are to avoid small but painful misunderstandings.
No contract can waive a funeral home’s liability for gross negligence or willful misconduct. In serious cases, such as the examples involving “lost” bodies, a family should not feel intimidated by a contract’s terms. Personal injury attorneys can review the facts of the case, including the terms of a contract, to help families understand their options.
The attorneys at Greenman Goldberg Raby Martinez provide compassionate, caring service to each of our clients. We have represented clients in the Las Vegas area in personal injury cases for over four decades. For a free attorney consultation about your case call us today at 702-388-4476 or send us a request on our contact page.