7 Most Common Causes of Funeral Home Litigation

Losing a loved one is one of life’s most difficult experiences. Unfortunately, that pain can be compounded when funeral homes fail in their professional or ethical duties. Families rely on funeral homes to handle arrangements with care, dignity, and respect—but when something goes wrong, legal action may be the only recourse.

At Ratliff Jackson LLP, our home litigation lawyers are committed to seeking justice for families impacted by funeral home negligence or misconduct. Below are the 7 most common causes of funeral home litigation, and how our team can help you navigate these emotionally charged cases.

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1. Negligent Embalming or Body Preparation

One of the most distressing errors involves mishandling the body—such as improper embalming, disfigurement, or allowing decomposition due to refrigeration failure. These errors can lead to emotional trauma for families and open the door for legal action under negligence and emotional distress claims.

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2. Cremation Errors

Cremation is irreversible, making accuracy vital. Unfortunately, cremation of the wrong body, mixing of ashes, or returning the incorrect remains to a family are tragic and often litigated errors. These cases frequently involve claims of negligence, breach of contract, and infliction of emotional distress.

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3. Burial Errors

Improper burial in the wrong plot, loss of burial records, or double-selling of grave plots are all reasons families pursue litigation. These actions can cause long-term emotional harm and disrupt the grieving process, often requiring legal remedies for resolution.

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4. Fraud and Overcharging

Some funeral homes engage in unethical billing practices—such as charging for services never provided, upselling unnecessary items, or adding hidden fees. Families may sue under consumer protection laws and fraud statutes. At Ratliff Jackson LLP, we hold funeral homes accountable for deceptive practices.

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5. Failure to Follow Instructions or Consent

Funeral homes are legally and ethically obligated to follow the family’s directives. If a body is cremated without consent or services are conducted contrary to the family’s wishes or religious beliefs, it may constitute grounds for a lawsuit.

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6. Sexual Abuse or Mishandling of Remains

Though rare, some of the most egregious cases involve criminal misconduct such as sexual abuse of remains or body part theft. These cases not only lead to civil litigation but also criminal charges and regulatory investigation.

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7. Emotional Distress Due to Gross Negligence

Even when damages are hard to quantify, emotional distress caused by witnessing or learning about negligent funeral practices can lead to legitimate legal claims. Courts recognize the emotional harm in these cases and award damages accordingly.

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How Ratliff Jackson LLP Can Help

At Ratliff Jackson LLP, we are experienced in handling complex litigation involving funeral home negligence and misconduct. Our compassionate team understands the sensitivity of these matters and fights relentlessly to ensure your family receives justice and dignity.

✅ Free Case Evaluation
✅ Compassionate Legal Support
✅ Decades of Litigation Experience in PA & NJ

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Contact Us Today
📞 (856) 209-3111
📍 Serving Pennsylvania & New Jersey
🌐 www.ratliffjackson.com

Let us protect what matters most—your loved one’s memory and your family’s peace of mind.