Tampa Wrongful Burial & Cremation Lawyer
Civil Trial Lawyers Holding Funeral Parlors Accountable for Wrongful Burial or Cremation
Funeral homes offer comfort to the bereaved by performing their services with the utmost dignity and professionalism. When they make mistakes due to carelessness, callousness, lack of training or other reasons, the harm they inflict cannot be undone. Unlike a physical injury which one may recover from, the emotional trauma of having a loved one’s body mishandled during a period of mourning is very hard to get over, and the additional pain and suffering it inflicts is hard to comprehend. At Rinaldo Law Group, we use the skills and experience gained from representing accident and injury victims in Tampa for over 30 years to help family members deal with the trauma of a wrongful burial or cremation.
Florida Law on Wrongful Burial
The civil action known in Florida as “tortious interference with a dead body” can take many forms. Some of the most common and tragic mistakes include:
- Wrongful Burial – Body is buried in the wrong plot, or never buried at all
- Wrongful Cremation – Cremating a body against the deceased’s or family’s wishes, or disposing of the ashes against the wishes of the deceased or family
- Wrongful Disinterment – Body is disinterred or reinterred on the order of someone not legally authorized to give such order
- Wrongful Viewing – Body is placed in the wrong casket for viewing
- Mishandling of Corpse – Negligent handling of a dead body
Sometimes family members disagree over where one is to be buried. If the location was not set out in a will, the surviving spouse or next of kin has the say. Funeral directors should take care to follow the law when there is a question about where a body should be buried, or if a request for disinterment is made. Under Florida law, any disinterment or reinterment must be authorized in writing by a court or legally authorized person before it may be carried out.
A family member who is harmed by a wrongful burial may bring an action and recover damages for mental anguish and emotional distress. Florida courts typically require the family member to prove that the other party acted with willful or wanton misconduct, or that their actions were intentional, reckless, extreme or outrageous. This is a higher standard to meet than what must be proven in typical personal injury claims, so it is important to select a lawyer with years of experience and a record of success handling difficult, complicated cases. Attorney Catherine Rinaldo and the Rinaldo Law Group handpicks her legal team based on the unique needs of every case, so you can be assured that the right persons are on your side working to achieve a successful outcome in your case.
Compassionate and Effective Legal Help is Available after a Wrongful Burial or Cremation in Tampa
If you have experienced a tragic situation related to the burial or handling of a deceased loved one in Tampa, contact the Rinaldo Law Group for a no-cost, confidential consultation with a compassionate, skilled and dedicated Tampa personal injury attorney.