Loss of Sepulcher and Mortuary Negligence

by Andrew Weitz
Practice Areas
May 2, 2020

Under New York State law, the Right of Sepulcher grants next of kin immediate possession of a decedent’s body for preservation and burial. The law specifies that if an institution or medical professional fails to provide proper after-life services or interferes with the burial process, they can be charged with negligence or malpractice. Unfortunately, many funeral homes, cemeteries, and medical facilities violate this right due to incompetence and abuse of duties.

After a loved one dies, families take comfort in providing proper and dignified burials. Right of Sepulcher violations can directly result in emotional distress and the inability to conduct a proper burial, which allows families to seek monetary damages. The decedent’s next of kin is entitled to commence a proceeding to recover monetary damages if the consequences were caused by negligence or due to neglect.

The following acts can constitute Loss of Sepulcher and Mortuary Negligence:

-Loss of remains
-Improper embalming
-Cremation errors
-Wrongful treatment of remains
-Cemetery negligence
-Theft or robbing the corpse
-Fraud in mortuary services
-Sexual abuse of the corpse

If a loved one was wrongly treated after passing, please contact us for a free consultation. Our attorneys have vast experience in prosecuting Loss of Sepulcher and Mortuary Negligence actions and understand the emotional distress that is part of such a case. Once we carefully review your case, our highly skilled attorneys can advise you on how to move forward and get the justice you deserve.

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Please call us for a free consultation and we will be happy to discuss any potential case with you.