Loss of Sepulcher & Mortuary Negligence Lawyers

Protecting Your Right to a Dignified Farewell: Loss of Sepulcher and Funeral Home Negligence

Losing a loved one is an incredibly difficult experience. When faced with such a tragedy, you entrust funeral homes with the solemn responsibility of handling your loved one’s remains with care and respect. Unfortunately, instances of funeral home negligence and loss of sepulcher can compound the grief and trauma associated with this already devastating time.

At Berkowitz & Weitz Law, P.C., we understand the profound emotional and psychological impact that mishandling of a loved one’s remains can have. Our experienced wrongful death attorneys are dedicated to holding negligent parties accountable and ensuring you receive the compensation you deserve for the additional pain and suffering caused by their actions.

What is Loss of Sepulcher?

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.

In the state of New York, the term ‘Sepulcher’ carries significant legal weight, granting families the absolute right to prompt receipt and disposition of the remains of a deceased relative, free of any interference. If there is any unreasonable delay or prevention of delivering the body to the family, violation of their express religious beliefs, or harm caused to the deceased person’s remains, the next of kin may have grounds to bring forth a personal injury lawsuit alleging negligence against responsible parties. It is essential to understand that ‘next of kin’ includes individuals who would have been recipients of the deceased person’s estate, whether through a will or intestacy rules as outlined in Section 4-1.1 of the New York Estates Powers and Trust Law. Our New York personal injury attorneys can provide guidance on how to navigate these complex legal matters and pursue the compensation you may be entitled to if your family has faced any interference with your rights to ‘Sepulcher’

Examples of Funeral Home Negligence:

Several acts of negligence can constitute a loss of sepulcher claim, including:

• Mishandling of the body: This can involve improper storage leading to damage or decomposition, dropping the body or casket, or mishandling during embalming or preparation for burial.

• • Unauthorized actions: Performing procedures such as autopsies or cremations without prior consent from the next of kin.

• • Loss or misplacement of remains: This includes accidentally losing, discarding, or misplacing the body or cremated remains.

• • Negligent emotional distress: Unprofessional conduct, insensitive communication, or failure to follow specific instructions regarding the funeral arrangements can cause significant emotional harm.

What Damages Can You Recover?

While no amount of compensation can truly erase the pain caused by funeral home negligence, legal action can help recover damages for:

• • Emotional distress: The mental anguish and psychological trauma caused by the mishandling of your loved one’s remains.

• • Pain and suffering: The additional emotional pain and suffering endured due to the negligence.

• • Loss of enjoyment of life: The significant disruption to your life caused by the emotional turmoil associated with the incident.

• • Funeral and burial costs: Reimbursement for additional expenses incurred due to the negligence, such as replacing damaged caskets or modifying arrangements.

Why Choose Berkowitz & Weitz Law, P.C. for Your Case?

We understand the sensitive nature of these situations and are committed to providing compassionate support throughout the legal process. Our team possesses the following qualifications to effectively handle your case:

• • Extensive Experience: Our attorneys have a deep understanding of New York law regarding wrongful death and loss of sepulcher claims, with a proven track record of success in securing compensation for grieving families.

• • Tenacious Advocacy: We are dedicated to aggressively pursuing the maximum compensation you deserve, holding negligent parties accountable for their actions.

• • Compassionate Representation: We recognize the immense emotional toll associated with funeral home negligence and provide empathetic guidance throughout your case.

• • Meticulous Investigation: We work diligently to gather evidence, including witness testimonies, funeral home records, and expert opinions, to build a strong case on your behalf.

• • Contingency-Fee Basis: You won’t pay any legal fees unless we recover compensation for your damages.

Schedule a Free Consultation Today

If you have suffered the loss of a loved one and believe their remains were mishandled by a funeral home, contact Berkowitz & Weitz Law, P.C. today. We offer a free consultation to discuss your situation in detail and answer any questions you may have. Let us help you navigate this difficult legal process and fight for the compensation you deserve.

Contact Us

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