Birmingham Funeral Home Lawyer
Contact a trusted Birmingham funeral home lawyer if you’ve suffered from the unimaginable acts of a funeral home mishandling your loved one’s remains, burying them in the wrong grave, losing them, or even stealing precious mementos like jewelry.
Losing a loved one is already an emotionally devastating experience, and the last thing a grieving family should have to face is the added trauma of funeral home negligence.
At Drake Injury Lawyers, we understand the profound impact these disastrous events can have on your family’s emotional well-being. With attorney Whit Drake leading the firm, clients can trust that they will get the best legal representation possible.
Drake has over $500 million in settlements and recoveries to his name, including a significant role as lead counsel in the largest wrongful death settlement in Alabama’s history. Feel free to browse through our verified client testimonials from Birmingham residents or read our five-star reviews on Google.
Why Choose Drake Injury Lawyers
We believe that every family deserves to have their loved ones treated with the utmost respect and dignity, even after they’ve passed on. When funeral homes betray that trust, they must be held accountable for the immeasurable pain and suffering they cause.
Drake Injury Lawyers is committed to fighting for justice on your behalf, ensuring that your rights are protected and that you receive the compensation you deserve for the emotional distress and anguish you’ve endured.
With a track record of over 25 years and an almost impeccable 99% success rate, we have secured over $500 million for our satisfied clientele in Birmingham and across Alabama.
Alongside Whit is attorney Mary Amari Bruce, a skilled general litigator who specializes in personal injury law. Mary offers a supportive presence to her clients and stands as a knowledgeable and dependable lawyer in difficult times.
Our law firm operates on a contingency fee basis. This means we do not charge our clients a dime in attorney’s fees unless we win the case. Call our Birmingham office at (205) 679-5267 for a free case review or fill out our secure and confidential form.
How Can We Help You In A Funeral Home Negligence Case?
Our Birmingham funeral home attorneys possess the experience, dedication, and skills necessary to effectively advocate for your rights and help you obtain the compensation you need to begin the healing process:
Compassionate Support: We take the time to listen to your story, offer comfort, and provide support throughout the legal process. Our team is committed to being the strong, caring advocates you need as you navigate this difficult journey.
Extensive Experience: With a proven track record in handling funeral home negligence cases, our skilled lawyers possess the knowledge and expertise necessary to build a strong case on your behalf.
Thorough Investigations: We are committed to conducting detailed investigations and gathering compelling evidence to support your claim. Our team meticulously reviews records, interviews witnesses, and consults with experts in the field to uncover the full extent of the funeral home’s negligence and the impact it has had on your family.
Clear Communication: We believe that clear, understandable communication is key to helping our clients feel informed and empowered throughout the legal process. We take the time to explain the legal aspects of your case in plain language, answer your questions, and provide regular updates on the progress of your case.
Fearless Advocacy: When you choose our law firm, you can trust that we will go the extra mile to fight for your rights, whether that means engaging in skillful negotiations with the funeral home’s representatives or fearlessly litigating your case in court.
About Funeral Home Negligence in Birmingham
In the face of funeral home negligence, you need a compassionate and skilled funeral home lawyer who can guide you through the legal process and help you pursue justice for the harm done to your loved one’s memory.
Funeral home negligence can manifest in various ways, each causing immense pain and distress to grieving families. From inadequate staff training and lack of proper oversight to prioritizing profits over the well-being of the clients they serve, negligent funeral homes fail to uphold their moral and legal obligation to provide the highest level of care and respect to the deceased and their loved ones.
As Birmingham continues to grow rapidly, some funeral homes may find themselves struggling to keep pace with the increasing demand for their services. This can lead to understaffing, corners being cut, and a lack of attention to detail, ultimately resulting in a higher likelihood of mistakes and negligent behavior. However, no matter the challenges they face, funeral homes must be held accountable for their actions.
Our team of dedicated Birmingham funeral home lawyers is committed to standing by your side, offering not only legal expertise but also a compassionate ear and support.
Common Types of Funeral Home Negligence
Here are the common types of funeral home negligence:
Mishandling of Remains: One of the most egregious forms of funeral home negligence is the improper handling, storage, or transportation of the deceased’s remains. This can include tragic incidents such as misplacing or losing the body, leaving remains unrefrigerated, or failing to treat the deceased with the dignity and respect they deserve.
Failure to Follow Family’s Wishes: When a funeral home disregards the deceased or their family’s wishes, either intentionally or through lack of communication, it can result in significant emotional distress and a profound breach of trust. Families may be left feeling that their loved one’s final wishes were not honored, compounding the pain of their loss.
Deceptive Pricing and Contracts: This can include hidden fees, pressure to purchase unnecessary services, or failure to provide transparent pricing information. Taking advantage of families during their most vulnerable moments is a reprehensible form of negligence that can lead to financial and emotional hardship.
Theft of Personal Belongings: Unscrupulous funeral home employees may exploit their access to the deceased’s remains to steal valuable jewelry or other personal items. These stolen items often include wedding rings, family heirlooms, or other sentimental pieces that were intended to be buried or cremated with the deceased.
Improper Burial or Cremation: This can involve burying an individual in the wrong grave, mishandling cremated remains, or even losing the remains entirely. Such errors often stem from a lack of communication, inadequate record-keeping, or sheer carelessness on the part of the funeral home staff.
Filing a Lawsuit Against a Funeral Home
When a funeral home in Birmingham fails to uphold its legal and ethical obligations, resulting in the negligent handling of your loved one’s remains or other forms of misconduct, it is essential to understand your legal rights and options.
Grounds for Legal Action
There are several legal grounds upon which a lawsuit against a funeral home can be based, depending on the specific circumstances of your case. Some of the most common grounds include:
Negligence: Negligence occurs when the funeral home fails to exercise the level of care and professionalism that a reasonably competent funeral service provider would demonstrate under similar circumstances.
To prove negligence, you must show that the funeral home owed a duty of care to your loved one and your family, breached that duty, and caused harm as a result.
Breach of Contract: When you engage the services of a funeral home, you enter into a contractual agreement that outlines the specific items to be provided and the associated costs.
If the funeral home fails to deliver on its promises, violates the terms of the contract, or engages in deceptive pricing practices, you may have grounds for a breach of contract claim. This can include issues such as overcharging for services, failing to provide agreed-upon merchandise, or not honoring pre-arranged funeral plans.
Infliction of Emotional Distress: When a funeral home’s negligence or misconduct exacerbates your grief and causes severe emotional distress, you may have a claim for intentional infliction of emotional distress.
This can encompass situations where the funeral home’s actions were so outrageous and horrific that they go beyond the bounds of human decency, such as the theft of personal belongings or the intentional mishandling of remains.
Role of a Specialized Attorney
When pursuing a funeral home negligence lawsuit in Alabama, proving liability is a crucial aspect of building a strong case. Liability refers to the legal responsibility of the funeral home for the harm caused to your family due to their negligent or wrongful actions.
Establishing clear liability is essential for obtaining a successful outcome in your lawsuit and securing the compensation you deserve for your emotional distress and other damages.
Proving liability in a funeral home negligence case involves demonstrating four key elements:
Duty of Care: You must show that the funeral home owed a legal duty of care to your loved one and your family. This duty arises from the professional relationship between the funeral home and its clients, as well as the legal and ethical obligations that funeral service providers must uphold.
Breach of Duty: You must provide evidence that the funeral home breached its duty of care by failing to act with the level of professionalism, skill, and diligence that a reasonably competent funeral home would demonstrate under similar circumstances.
Causation: You must establish a direct link between the funeral home’s breach of duty and the harm suffered by your family. This means showing that the funeral home’s negligent actions were the proximate cause of your emotional distress, financial losses, or other damages.
Damages: Finally, you must prove that you and your family suffered actual damages as a result of the funeral home’s negligence. These damages can include emotional distress, mental anguish, therapy expenses, and other losses directly related to the mishandling of your loved one’s remains or the funeral home’s misconduct.
Working with a Local Funeral Home Lawyer
When your family is facing the devastating consequences of funeral home negligence in Birmingham, having a local attorney by your side can significantly impact the outcome of your case. A local funeral home lawyer offers:
Unparalleled Knowledge of Alabama Laws: A local attorney has a deep understanding of the specific laws and regulations governing the funeral industry in Alabama, allowing them to build a strong case strategy tailored to your unique situation.
Established Relationships with Local Experts: Local lawyers have cultivated strong relationships with medical examiners, grief counselors, and forensic specialists who can provide invaluable expertise and testimony to support your claim.
Familiarity with Birmingham’s Legal System: A local attorney knows the local judges, their preferences, and the most effective strategies for presenting your case in court, leading to more efficient proceedings and a better chance of a favorable outcome.
Accessibility and Personal Attention: Working with a local lawyer means having an accessible and dedicated advocate who will meet with you in person, answer your questions, and provide consistent updates on your case’s progress.
Community Involvement and Reputation: Local funeral home lawyers are often deeply involved in the Birmingham community, contributing to their positive reputation within legal and professional networks, which can be leveraged to your advantage.
Call A Birmingham-based Funeral Home Lawyer Now
Contact trusted Birmingham-based funeral home lawyers from Drake Injury Lawyers for urgent assistance after suffering from the actions of negligent funeral homes.
We understand the profound pain and sense of betrayal that comes with experiencing funeral home negligence. During this deeply distressing time, know that you are not alone.
Your loved one’s memory deserves to be honored with dignity and respect. By pursuing justice through a funeral home negligence lawsuit, you not only seek solace for your family but also help prevent others from experiencing the same heartbreaking ordeal.
If your family has suffered the unimaginable pain of funeral home negligence, call us now at (205) 679-5267 for a free case review or fill out our secure and confidential form.