Watching our loved ones die, is one of the worst things we ever have to go through. Still, for most of us, we can draw comfort from the funeral service, and from visiting the grave site of our loved ones. There is something about the service, and the grave site, which comforts us, and draws us closer to our departed loved ones. For some people, though, it is difficult to find peace in the service, or from a visit to the grave site, because the cemetery or the funeral home committed negligence in the handling of the dead body. What is a person to do, if during the service of their loved one, the casket falls to the ground, or if the body was buried in the wrong spot, or even moved?
One of the things the person should do is to call us. In the event that a funeral home or cemetery robs someone of their peace of mind when he thinks of his loved ones, and replaces it with horror at the mishandling of the body, the law provides a remedy. It is called negligence. Those burying the body, must do so in a reasonable manner. Should they fail to bury the body reasonably, but rather in a manner which causes horror in the minds of the loved ones, people naturally become upset, some to a very high degree. The law allows for recovery for emotional damages, where they are accompanied by some physical damages, as well. Frequently, people with emotional troubles have trouble sleeping, or with depression, or anger, and if the troubles are severe enough to require medical intervention, emotional damages may be recovered.
Most cemeteries and funeral homes carry insurance policies that will cover the claim. Many lawyers, if they come across such cases, shy away from them, because they don’t know the law for mishandling of a dead body. The claim is called negligence, and all lawyers know of that. A dead body case can be more difficult than an automobile accident case, because crucial evidence often lies in the hands of the defendants, and also because damages are largely emotional or psychological, and many people, especially men, are reluctant to discuss their emotional affairs, much less to seek medical help.
Such cases can be devastating to the family, and there is help for them in various places that they may seek. We cannot help them heal, although we do listen. Where we come in is to make the defendant pay for their actions and the damages which flowed from them. As we are aware of the psychological impacts of litigation, we provide the insurance companies with an opportunity to settle the case before we hit them over the head with a lawsuit. There is an easy way and a hard way to do everything, and often insurance companies will pay claims so that litigation is not necessary. Sometimes, however, they choose to do it the hard way, which is no problem. That’s why we’re here.
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