By: Monica Stevens

In cases of negligence in the funeral home, the damages that the victims’ families can claim vary depending upon the facts of each case. The issue of funeral home negligence is complex and multifaceted. It can occur in different ways, such as cremating or burying a wrong body, putting more than one body in a coffin, etc. Depending on factors like the level of expenditure or damages suffered by the victim’s family members, the court can award them both economic and non-economic damages. Punitive damages are another type of damages that the family of a funeral home negligence victim can be awarded in some instances involving misconduct by a funeral home staff. 

Economic Damages 

Economic damages are the damages that the victim’s family receives due to the financial loss incurred by them directly as a result of the negligence on the part of funeral home staff. These damages may cover any past, present, and prospective losses suffered by them. They may include burial and funeral expenses, medical bills, mental healthcare expenses in cases of psychological trauma, and any loss of income in the present or future. Thus, economic damages comprehensively cover various types of financial losses. 

Non-Economic Damages 

On the other hand, as noted by Samer Habbas, “non-economic damages, also known as pain and suffering, take into account emotional and psychological losses suffered by the victim’s family as a direct result of the negligent actions of a funeral home.” These losses can be in the form of mental agony, pain due to emotional trauma, and poor quality of life due to the negligence of the body of the loved one by the funeral home management. 

Punitive Damages 

Generally awarded rarely, the claimants receive these damages where there was a gross violation or negligence of the duty of care by a funeral home staff. To punish the management of ownership for their egregious conduct, the court deems it fit to award punitive damages so that other funeral homes are deterred from repeating such reprehensible behavior.  

Factors that Affect the Award of Damages in a Funeral Home Negligence Case. 

Each case of funeral home negligence is unique, and this directly affects the outcome and the amount of the damages awarded to the claimants. Generally speaking, the following factors influence the award of damages in such cases.

• How gross violation or negligence of the staff’s conduct was 
• The extent of emotional pain and psychological trauma caused to the victim’s family as a result of their action
• What was the outcome of cases of similar nature in the past
• The court’s view of the level of negligence 

In short, the family of the victims of such negligence can claim various types of damages. Ultimately, the award of the damage rests upon the facts of each case and many other factors, including financial losses, emotional trauma, etc. 

Disclaimer: This article provides general information about the types of damages that may be claimed in a funeral home negligence lawsuit. It is not intended as legal advice and should not be relied upon as such. The specifics of any legal case can vary, and the outcome depends on individual circumstances. For advice tailored to your situation, please consult a qualified attorney.

Published by: Holy Minoza