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Funeral Law Lawyers
Michigan Funeral Negligence Attorney

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The following is a list of some funeral home negligence examples:

Mishandling of Remains

Mishandling human remains constitutes a breach of contract and a type of personal injury claim stemming from negligence, intentional misconduct, reckless behavior on the part of those handling the body, apart from careless misidentification, includes improper storage, careless transport (e.g. dropping the body), placing multiple bodies into a single casket, and/or damaging the corpse.


Embalming Errors


While the embalming process is meant to preserve the body, miscalculations can cause disfigurement that forces families to have closed caskets. Embalming errors can have a significant emotional impact on grieving families. Embalming mistakes or incorrect storage can cause bodies to decay or become disfigured, in some cases denying the family from having an open-casket funeral. 

Cremation Errors


When you have cremation services for a loved one, you don’t want to make mistakes in the planning or you could have regrets later that are hard to get over as you grieve. In order to avoid cremating the wrong person, it is critical that funeral homes set proper procedures and follow them. For example, identification is critical.  Once a funeral home takes custody of the decedent, it must properly identify them. This identification process must occur at every step, from the place where the person died, to any facilities where they spend time, all the way to the funeral home and/or crematorium. If there is no identification, the crematory should not cremate the  body. Sometimes, funeral directors may cremate a body without permission to cover up a different form of negligence. 

Theft and Fraud

Many people report that jewelry or other valuables have been stolen from their loved ones’ bodies. Overcharging is also a common complaint. For unscrupulous funeral directors, bereaved families are easy targets since they are overwhelmed and unlikely to question methods or to “comparison shop.”

Cemetery Negligence


Some clients find that the cemetery fails to keep up its end of the bargain by maintaining the gravesite to their satisfaction. More disturbing is that some cemeteries have been convicted of burying many bodies in the same plot, moving bodies to other sites, and reselling plots already occupied.

Common Examples of Negligence and Mishandling of Remains or Corpses in Michigan:
Cremating the wrong body
Losing cremated remains
Improper embalming of body
Improper storage or refrigeration of body
Organ harvesting for resale
Unlicensed embalmer
Theft of personal property including jewelry or gold fillings
Burying the wrong body
Burial in the wrong plot
Dropping a body during transportation
Using a broken casket
Negligence in care of gravesite resulting in vandalism
Overcharging for procedures
Burying multiple individuals in one coffin

Can I Claim Damages?

The right to pursue a malpractice claim for neglect against a funeral home depends on the relationship between the deceased and the other party. Obviously, spouses, children and immediate family members can usually bring a personal injury claim for the emotional distress and mental trauma caused by the misconduct on the part of the funeral home. However, there are certain situations where close friends or others may also make a claim, depending on how close they were to the decedent. Michigan law allows for only certain individuals who have experienced funeral home negligence to exercise their right to recover damages. These are some examples of who may have a case:

The surviving spouse, parents, or children of the deceased person
Persons entitled in the Estate of the deceased, in order of succession
Public administrators, on a case-by-case basis

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When someone has passed away, they deserve to be treated according to their wishes and the process should be one that eases a family’s pain – not one that adds to it.  For helpful resources in your time of need go to our Funeral/Mortuary Law Attorneys to handle your cliam and or your lawsuit.  Our mortuary litigation attorneys will represent your matters with the full consideration and respect you deserve. The lawyers at our firm bring many years of training and experience to the practice of law. Our bilingual staff will deal with your issues promptly. We are conveniently located in Southfield, Michigan. Call us | Live Support |  No Recovery, No Fee |

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What Is Considered Funeral Home Negligence?

Understanding Funeral Negligence in Michigan

If your loved one has passed away, your family members should be honoring the memory of your loved one. Sadly, in cases where the funeral home owed you a duty of care and infringed upon that duty, funeral home negligence cases become necessary. Our funeral home negligence attorney in Michigan can see if you have a funeral home negligence claim. Then, we can submit a civil lawsuit for you. Our funeral negligence law firm is committed to aggressively pursuing damages on behalf of the deceased last wishes and whoever is paying for it to be done should receive what the establishment agreed to provide.


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Cremation is the process of reducing a deceased person’s body to ashes through high-temperature incineration. It has become an increasingly popular choice for final disposition due to its affordability and environmental friendliness. Before proceeding with the cremation, funeral homes must ensure that all required documentation is obtained. This typically includes a death certificate, an official document verifying the individual’s passing. In addition, a cremation permit is also necessary, which grants permission for the cremation to take place.
Furthermore, funeral homes must obtain the proper authorizations from the deceased person’s next of kin or legal representative. This includes a signed authorization form granting permission for the cremation. This helps ensure that there is clear consent and that the deceased’s wishes are respected.

If you believe a funeral home is guilty of negligent behavior toward your deceased family member, let our skilled legal team help. We have years of experience litigating complex personal injury cases and work tirelessly to protect your rights.

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Ask For A Free Consultation With A Funeral Home Misconduct Lawyer: (248) 281-6299
To seek representation, please call us  at (877) 471-4049 or fill in the Request below. Our first step will be to determine whether a conflict of interest exists. If no conflict of interest exists, you will be contacted so we can put you in touch with the lawyer best suited to handle your matter. 

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If you have questions about an accident or injury you’ve suffered due to another person’s actions or negligence, contact our personal injury attorneys.  From our office in Southfield, Michigan, we help clients involved in all types of accidents throughout Michiam. Your initial personal injury consultation is free and our attorneys are available to visit you even you are at home or in the hospital.  We will review your case, answer your questions and explain your rights. If you’re worried about your finances, know that we work on contingency.  That means if we don’t collect on your behalf, you don’t pay us. You have nothing to lose and everything to gain. Give us the chance to help you.  All it takes is a phone call. Call (248) 281-6299 for your free, private consultation to discuss your case.
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