When families are dealing with the tragic loss of a loved one, funeral homes play a crucial role by ensuring the deceased are treated with dignity and respect in their final moments. When remains are misplaced, discarded, or otherwise mishandled through funeral home negligence, it raises serious ethical and legal concerns. If you have experienced this situation in New York, it is important to understand your legal options.

What Is a Funeral Home’s Duty of Care?

Funeral homes have a duty of care to handle human remains professionally and with dignity. This is a legal obligation, as well as a moral one. They must adhere to specific regulations regarding the disposition of cremated remains, as outlined under New York Public Health Law Section 4202. Funeral homes in New York are also governed under the state’s General Business Law. Discarding or misplacing the ashes of a deceased person is more than a procedural misstep—it is a profound failure that can cause tremendous emotional distress for the family. Such an incident is a breach of the funeral home’s duty of care and grounds for legal action.

What Legal Claims Against a Funeral Home Can Arise from Discarding or Misplacing Ashes?

Depending on the circumstances, a funeral home’s mishandling of human remains can give rise to various claims, which may include the following:

Negligence

Negligence occurs when a funeral home’s failure to meet the expected standard of care results in harm. To establish negligence, you must prove the funeral home owed you a duty of care and breached that duty through an act or omission and that the breach directly caused you harm or damages. For example, it may constitute negligence if the funeral home failed to correctly label the urn containing your loved one’s ashes, which were subsequently lost or discarded.

Breach of Contract

In engaging the services of a funeral home, family members typically sign contracts that outline the home’s obligations, including the proper handling of remains. It may be a breach of contract if the funeral home fails to uphold these responsibilities. To prevail in a breach of contract claim, you must demonstrate that a valid contract exists, the funeral failed to perform contractual duties, and you suffered damages as a result.

Violations of New York Law

Funeral homes are subject to various state laws governing their operations. It may bolster your case if the funeral home’s negligence violated specific New York statutes, such as those governing the disposition of human remains. An experienced personal injury attorney can identify the applicable laws and how they were violated.

Consumer Protection Claims

If the funeral home’s actions were fraudulent or deceptive, you may have a consumer protection claim under New York General Business Law Section 349. For example, it may be a violation if the funeral home claimed it would take specific measures to preserve your loved one’s ashes and then failed to do so.

Intentional Infliction of Emotional Distress (IIED)

If the funeral home’s actions were intentional or particularly egregious, you may have a claim for intentional infliction of emotional distress (IIED). For instance, knowingly discarding the ashes or attempting to cover up their mistake could meet the threshold for outrageous conduct. To succeed in an IIED claim, you must prove that the funeral home’s behavior was extreme or outrageous, their actions were intentional or recklessly indifferent, and their conduct caused you severe emotional distress.

What Types of Evidence Do You Need to Support Your Claim?

Gathering evidence is crucial in building a strong case. A seasoned New York personal injury lawyer can help you compile and effectively present the evidence. In a claim against a funeral home for misplacing or discarding a loved one’s ashes, evidence may include the following:

  • Contracts or agreements outlining the funeral home’s responsibilities
  • Receipts and payment records as proof of payment for services
  • Records of communications with the funeral home, such as emails, texts, or written correspondence
  • Statements from employees or other individuals who have knowledge of the incident
  • Photos, videos, or other visual evidence of any mishandling

What Types of Damages Are Available in a Claim Against a New York Funeral Home?

Loss or mishandling of a loved one’s ashes is a deeply personal violation that can cause intense emotional pain. Depending on the circumstances of your case, you may be entitled to seek damages, which may include the following:

  • Economic losses: This may include refunds for funeral services or compensation for additional costs incurred due to the funeral home’s mishandling of the remains.
  • Emotional distress: This is compensation for the emotional trauma and mental anguish caused by the funeral home’s negligence.
  • Punitive damages: In cases involving gross negligence, punitive damages may be awarded. Unlike compensatory damages, which compensate the victim for economic and non-economic losses, punitive damages are designed to punish the defendant and deter similar actions in the future.

Why Choose Our Firm to Represent You?

Our Long Island personal injury attorneys at The Rizzuto Law Firm are committed to providing top-tier legal representation for New York injury victims. We have significant experience in a wide range of personal injury matters, including claims arising from funeral home negligence. Contact us at 516-604-5496 for a dedicated legal advocate to help you seek justice if a funeral home has misplaced or discarded your loved one’s ashes.