Losing a loved one is a traumatic and overwhelming experience for family members. Whether it’s a parent, spouse, sibling, child, or other loved one, the emotional impact of the loss can be marked by depression, guilt, and overwhelming grief. However, these feelings can be exacerbated when it’s discovered that a funeral home, mortuary, crematorium, or other related facility engaged in negligent conduct. If you or a loved one have been impacted by funeral home negligence in the state of Indiana, you’ll need to understand your rights and applicable laws for potential recourse for any damages incurred.
In the Hoosier State, a loved one can file a claim against a funeral home if it’s determined that a facility or its employee(s) engaged in negligence that cause harm or distress. Funeral homes have a legal obligation to provide professional and ethical services, and if they fail to do so, a family member may have a case. Mishandling of remains, failure to follow a family’s instructions, fraud, improper embalming, and casket mishaps are all potential grounds for a lawsuit. However, successfully suing a funeral home for its actions can be complex and challenging, requiring the expertise of an attorney who is familiar with handling such claims.
Funeral homes in Indiana are heavily regulated, with stringent licensing and standard-of-care requirements in place for providers and facilities. When seeking justice for a family member, appropriate steps must be taken to ensure a successful outcome. For example, formal complaints against funeral homes may be filed with the appropriate regulatory boards for malpractice, deceptive practices, or other related matters.
When a surviving spouse, child, or parent has been impacted, compensation for damages that involve emotional distress, medical bills, or other losses can potentially be pursued. However, the viability of a claim will be determined by its details and specific circumstances. Unfortunately, in some instances, the ability to pursue compensation related to funeral home misconduct may be disqualified due to exceptions or extenuating circumstances. Even when additional grief or distress is caused to loved ones, if the actions of a facility do not meet certain legal thresholds of negligence, obtaining compensation may not be possible.
If you or a loved one have been affected by funeral home negligence or misconduct, contact our law firm and we will review your case at no cost to you.
Call 317-636-0808 or complete the contact form below to get started.