Florida Mortuary Law Attorney
Mortuary litigation is an area of litigation that appears to be on the upswing. While the impact of recent scandals has spurred some legislation to avoid these problems, there will always be unscrupulous operators who try to deliver cheaper services by breaking the law or cutting corners. The grief and emotional trauma caused a family member by mortuary malpractice is real, lasting and deserves compensation. The Charlip Law Group, L.C., takes pride in helping those who have suffered wrongly at the hands of a mortuary or funeral service operator. Contact our office to speak with us.
Mortuary Law Cases
Larson v. Chase, 47 Minn. 307, 310-311, 50 N.W. 238 (1891): Once the invasion of a legal right to custodianship of a corpse is established, "the law infers some damage, and, if no evidence is given of any particular amount of loss, it declares the right by awarding nominal damages."
Rollins v. Phillips, 554 So.2d 1006, 1008 (Ala. 1989): "It is a matter of common knowledge in civilized society that close relatives and friends possess deep-seated feelings and emotions regarding the remains of their dead. The person or persons with the duty of burying a loved one have the right to see that the body is preserved and their feelings in relation thereto protected."
Parker v. Quinn-McGowen Co., 262 N.C. at 662, 138 S.E.2d 214: "For any mutilation of a dead body the one entitled to its custody may recover compensatory damages for his mental suffering caused thereby if the mutilation was either intentionally or negligently committed, or was done by an unlawful autopsy."
Christiansen v. Superior Court, 54 Cal.3d 868, 894, 2 Cal.Rptr.2d 79. 820 P.2d 181 (1991): mishandling of a corpse is "likely to cause serious distress to members of the decedent's immediate family regardless of whether they observe the actual negligent conduct or injury to the remains of their decedent."
Mortuary Law Examples
Please see our articles page for examples.
Let us help you
If you and your family has recently had a loved one pass away and problems with the handling of their body, or feel the financial charges were not justified for the services provided, it is important you contact a lawyer. The Charlip Law Group, L.C., in Hollywood, Florida has over 25 years experience in the legal community answering these types of difficult questions for clients. Contact our office by phone at 954.921.2131 or toll-free at 1.800.773.1955 to speak with one of our attorneys.
Charlip Law Group, L.C.
1930 Harrison Street, Suite 208 • Hollywood, FL 33020
954.921.2131 • 1.800.773.1955
Se habla español
The Hollywood, Florida based Charlip Law Group, L.C. represents clients with mortuary and funeral law problems throughout Florida and the United States including Miami, Fort Lauderdale, Los Angeles, San Diego, San Francisco, Chicago, New York City, Atlanta, Philadelphia, Boston, Houston, Cincinnati, Santa Clara, Pittsburgh, Seattle, Detroit, Salt Lake City, Florida, California, Georgia, New York, New Jersey, Massachusetts, Pennsylvania, Texas, Washington, Illinois, North Dakota, South Dakota, Minnesota, Wisconsin, Oregon, Nevada, Arkansas, Ohio, Iowa, Nebraska, Indiana, North Carolina, Michigan, Utah, Broward County, Miami-Dade County, and Los Angeles County.
