Houston Funeral Home Negligence Lawyer
When a funeral home acts with negligence, you can pursue the insurance company for an equitable award. Get help from a Houston funeral home negligence lawyer at Ivey Law Firm, P.C.
Cremation or burial is a way to respectfully honor the life of a loved one after his or her passing. We place our trust in funeral homes and their directors to ensure that this happens with the utmost of care. However, some entities abuse our trust by putting profit over decedents and their families.
If your family member was abused or neglected by a funeral home, you have the right to hold negligent providers accountable for their actions. Compensation is available for your financial and future losses in Texas. There are specific laws in Texas that apply to your case, which means that hiring a Houston funeral home negligence lawyer will help you navigate the process.
Get Legal Help at No Upfront Cost
Ivey Law Firm, P.C. invites you to contact us to learn more about your legal options. If you choose to hire us, we do not request any upfront payments and only get paid when you win.
Texas Civil Laws Protect Your Family from Negligent or Abusive Funeral Homes
Even though unpreventable accidents happen every day, funeral home negligence is unacceptable. Negligence describes the act of a funeral home failing to meet its general or medical duty of care toward your loved one or family. When this situation arises, you have grounds to file a claim.
If you hire a Houston funeral home negligence lawyer at Ivey Law Firm, P.C. to represent your case, we will look for signs of negligence, including:
- Cremation errors: Mistakes during the cremation process can violate specific personal social, religious, and financial doctrines to which the family ascribes importance. Examples of cremation negligence include mislabeling, contamination, or cremating when a burial was requested.
- Inadequate body care: There are care standards that determine how a funeral home must care and prepare a decedent’s body upon passing. Your Houston funeral home negligence lawyer will explain how these laws apply to your case. Examples of inadequate body care include dropping, improper transportation, and misplacing the decedent’s body.
- Preservation failures: Preserving your loved one’s body is critical to meeting state laws as well as providing an aesthetic comfort to surviving family members. If a body does not receive adequate preservation services, the body may decompose or deform, which is heartbreaking and traumatizing to witness for some individuals.
- Theft: Funeral homes have a responsibility to remove and preserve the personal effects found on the decedent. As such, directors and staff members should never steal or take items from, including jewelry, clothes, and organs. Hiring a Houston funeral home negligence lawyer will help you with recuperating your financial and emotional losses.
- Contract breach: Before utilizing funeral home services, you signed a contract with the funeral home disclosing that associated actions and costs. You can file a claim under breach of contract if the funeral home uses cheaper materials than for what you paid, did not provide a headstone, or placed the wrong body in the wrong plot.
The above-referenced list of errors is more than just well-meaning mistakes. They are signs of someone else’s careless or reckless actions. A funeral home should never commit these acts.
You and your family do not have to stand by idly, either. A Houston funeral home negligence lawyer will investigate the events and facts surrounding your case. Ivey Law Firm, P.C. will preserve our evidentiary findings and use them negotiating an insurance settlement or litigating a civil lawsuit on your behalf.
Contact Ivey Law Firm, P.C. for a Free Consultation Now
Fighting with insurance companies for the money your family deserves is a complicated process. There are also time limits on your ability to file a claim. Speak with a Houston funeral home negligence lawyer as soon as possible to avoid missing your chance.
Get the answers you want by calling Ivey Law Firm, P.C. for a free consultation now at 713-225-0015.
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Families Affected By Funeral Home Negligence Can Pursue a Claim
The acts involved in funeral home negligence are genuinely shocking to surviving family members, which is entirely understandable. A loved one’s death is already upsetting enough without having to deal with the emotional trauma that negligence brings. You trusted that the funeral home would take good care of your family.
When the owners, directors, and staff members fail in this capacity, you may have an actionable:
- Civil lawsuit
- Class action
- Bad faith claim
- Fraud claim
Consult with a knowledgeable and experienced Houston funeral home negligence lawyer to learn more about your legal rights and options. We can help you ascertain the most advantageous course-of-action toward the pursuit of justice for your family members. Ivey Law Firm, P.C. will ensure that you always have the information you need to make vital decisions.
A Houston Funeral Home Negligence Lawyer Will Work Toward Proving Your Case
If your deceased family member was abused or neglected by a funeral home, you can hold the relevant parties accountable for their actions with a legal claim or lawsuit. However, there are certain elements that your case must meet for you to pursue one, including proof that the funeral home was liable.
For your Houston funeral home negligence lawyer to prove liability, we must demonstrate the following:
- Duty of care: In Texas, a general duty of care is an expectation that someone owes another individual a level of competence, awareness, and courtesy. However, it is vital to prove that they owed you this duty in the first place by hiring them as your funeral home services provider.
- Breach in duty: If the funeral home committed acts of negligence or abuse, then they are in breach of their general duty owed to the decedent and defendants pursuant to the laws of Texas.
- Damages: When the funeral home’s breach causes you financial or emotional harm, you have grounds to file a claim since they are liable for the damages caused.
As you can see, each element is complex and requires admissible evidence to prove liability. When you hire a Houston funeral home negligence lawyer at Ivey Law Firm, P.C., we will investigate your claim thoroughly and preserve the necessary evidence to support our findings of negligence. Doing allows you to focus on your financial and emotional recovery while someone handles the legal fight on your behalf.
Compensation Is Available for Funeral Home Negligence in Texas
Damages is a legal word that describes the amount of money you are claiming that the defendant funeral home owes you for your harm. How much your case is worth ultimately depends upon the facts and circumstances as well as how the funeral home defends itself, including their admissible evidence.
While every case is unique, your Houston funeral negligence lawyer will seek damages related to:
- Out-of-pocket expenses
- Transportation costs
- Mental anguish
- Lost enjoyment of life
- Funeral and burial costs
- Cremation expenses
- Property damage
- Punitive damages
- And more
The damages of your case may vary according to the results of a similar matter. Nuances and details all play a role in its outcome, so always speak with a Houston funeral home negligence lawyer to provide you with the legal advice you need to move forward with a claim.
Ivey Law Firm, P.C. will work with you and your loved ones closely so that you understand how your case is progressing every step of the way. The direction in which to take it is yours to make, and we will always obtain your approval before accepting any settlement offers.
Crucial Steps to Take After Experiencing Funeral Home Negligence in Houston
While a Houston funeral home negligence lawyer will protect your legal rights and execute all necessary phases of the claims process, there are a few critical steps that you may want to take for avoiding liability mistakes.
List of Interested Parties
Initially, you will want to prepare a list of all family members and loved ones who wish to pursue an insurance claim or civil lawsuit. Laws limit who can file one, so this list will help your Houston funeral home negligence lawyer determine the person best suited to pursue it legally. Typically, this individual is a surviving spouse, child, parent, or sibling by order of first right in Texas.
No Statements to the Insurer
After that, you must take care not to issue formal or informal statements to the insurance company. The insurer will preserve telephone call recordings, letters, and claim submission forms as evidence, which means that it can use innocuous comments against you later to reduce your settlement or award.
Hire a Houston Funeral Home Negligence Lawyer
Insurance companies want to mitigate their exposure to financial loss. Consequentially, this situation can give rise to your family receiving an unfair amount of money. Perform your due diligence by discussing your case with a Houston funeral home negligence lawyer at Ivey Law Firm, P.C. to evaluate the fairness of your offer.
If we do not think that we can get you more money after the cost of attorney contingency fees, we will not recommend you hire us. However, we will take your case without a traditional retainer. You and your family only pay your Houston funeral home negligence lawyer for legal services after you recover a financial award.
Insurance Statute of Limitations Apply to Your Claim
One legal issue that you must take into consideration is the statute of limitations in Texas. A statute of limitations is a civil, mandated deadline that prescribes how long you have to file a case after the damages occurred.
Per Texas laws, you have up to two (2) years from the date of the incident or its discovery to bring a breach of duty of good faith and fair dealing or injury lawsuit. Insurance contract breaches provide you with up to four (4) years from the time of the action.
If you do not bring a lawsuit against the insurance company before these dates expire, then you no longer possess a right to receive insurance money. As you can understand, this situation is frustrating, especially when someone gets away with negligence based on a legal technicality.
In general, some extraordinary situations may permit you to file a claim beyond the deadline. Speak with a Houston funeral home negligence lawyer to confirm or deny the possibility.
It never hurts to ask about your opportunities, but you should follow through on discussing your case sooner than later. Timing is critical in negligence cases and can negatively impact the outcome.
Ivey Law Firm, P.C. Will Help Victims of Funeral Home Negligence
Knowing where to turn after such a horrendous act is challenging, especially for family members who are still financially and emotionally recovering. Ivey Law Firm, P.C. has more than a decade of experience in handling funeral home negligence cases.
While the process of handling each case is unique, you can expect your Houston funeral home negligence lawyer to deliver on the following promises:
- Comprehensive legal care that puts your family first
- Extensive experience and insight into funeral home negligence cases
- A demonstratable track record of winning for our clients
- No attorneys’ fees until you win your case
- Free consultations before hiring our legal team to represent you
Ivey Law Firm, P.C. is ready to help you navigate the challenges of a funeral home negligence case while standing by your side throughout the entire process. You are not left to face the defendants, insurance companies, and opposing counsel alone when you hire a Houston funeral home negligence lawyer to protect your rights.
No-Cost, No-Obligation Consultation
Our law firm represents cases on contingency fees. You do not owe us any form of payment until we win your case.