Contact a trusted McKinney funeral home lawyer if your family has suffered from funeral home negligence after the death of a loved one. From burying a family member in the wrong grave, losing the remains, or even stealing valuable jewelry, these disastrous and unimaginable acts can compound the emotional upheaval during an already difficult time.
Our firm recognizes the sensitivity and urgency of your distressing situation and is committed to offering compassionate and professional legal assistance.
Carew Garcia Bohuslav is a personal injury and business litigation law firm that prides itself on being composed of real people who happen to be exceptionally skilled lawyers. As former insurance defense attorneys, they understand how powerful corporations think and can protect you from their tactics.
With over two decades of experience, the firm has learned that success lies in the details, and they make it a point to pay close attention to every aspect of their clients’ lawsuits. Their most notable cases include securing $1,250,000 for a client who survived a trucking incident, and a $550,000 sum for a car accident.
Their legal team is dedicated to upholding high standards, conducting thorough analysis, and providing exceptional service to each and every client. Feel free to browse through the five-star rated testimonials of its McKinney-based clients.
They are a small law firm that’s committed to delivering large-firm, proven results. With a bilingual, experienced, and detail-oriented team, Carew Garcia Bohuslav is well-equipped to assist clients with personal injury and business matters. Through their tireless efforts and personalized approach, they aim to hold defendants accountable and maximize value for those they represent.
We strictly work on a contingency fee basis. You won’t pay a dime to get started, and you only pay us if we win. Call us at (469) 224-1617 or send us a message for a free consultation with one of our top-rated McKinney funeral home attorneys.
At our law firm, we understand the immense grief and emotional turmoil that comes with losing a loved one. During this difficult time, you place your trust in a funeral home to handle the arrangements with dignity, respect, and professionalism.
However, when a funeral home fails to uphold its duties, it causes further pain and suffering to your family – that’s where we come in. You need an advocate who understands what you’re going through and can fight for the justice you deserve.
As experienced negligence attorneys, we know that every case is unique, and we take the time to listen to your story and understand your specific needs. Having a dedicated and well-trusted law firm by your side will help ensure a successful outcome for your case, and Carew Garcia Bohuslav Law can offer you the legal support that you need. We will:
Consult with a skilled funeral home lawyer in McKinney for expert guidance and professional advice as you pursue justice for the damage done to your loved one’s honor and memory.
Funeral home negligence in McKinney can take many forms, and such incidents may arise due to inadequate staff training, lack of proper oversight, or a funeral home’s prioritization of profits over the well-being of the clients they serve.
One factor that may contribute to funeral home negligence in McKinney is the city’s rapid growth. As the population increases, some funeral homes may struggle to keep up with the demand for their services, leading to understaffing or corners being cut. This can result in a lack of attention to detail and an increased likelihood of mistakes or negligent behavior.
When such misconduct happens, funeral homes should be held accountable. They have a moral and legal obligation to provide the highest level of care and respect to the deceased and their grieving families, regardless of the challenges they may face.
When entrusting a funeral home with the care of your loved one, you expect them to handle the process with the utmost dignity and professionalism.
Unfortunately, funeral home negligence can occur, leaving devastated loved ones seeking answers. The common examples of funeral home negligence include:
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 incidents such as mixing up bodies, leaving remains unrefrigerated, or failing to treat the deceased with the respect they deserve.
Failure to follow family wishes: Funeral homes are obligated to adhere to the wishes of the deceased’s family regarding the funeral service, burial, or cremation. When a funeral home disregards these wishes or fails to communicate effectively with the family, it can lead to significant emotional distress and a breach of trust.
Unsanitary conditions: Funeral homes are required to maintain a clean, safe, and sanitary environment. Negligence in this area can include failure to properly sanitize equipment, allowing pests to infest the premises, or not following proper health and safety protocols.
Deceptive pricing or contracts: Some funeral homes may engage in deceptive pricing practices or present misleading contracts to grieving families. This can include hidden fees, pressure to purchase unnecessary services, or failure to provide transparent pricing information.
Unlicensed or untrained staff: Funeral home staff should be properly licensed, trained, and equipped to handle the sensitive nature of their work. When negligent funeral homes employ unlicensed or inadequately trained staff, it can lead to mistakes, improper handling of remains, and emotional distress for the families involved.
Stealing jewelry and other valuable items: In some cases, unscrupulous funeral home employees may take advantage of their access to the deceased’s remains and steal valuable jewelry or other personal items. This can include wedding rings, family heirlooms, or other sentimental pieces that were intended to be buried or cremated with the deceased.
Burying in the wrong grave: Another devastating form of funeral home negligence is the burial of an individual in the wrong grave. This can occur due to a lack of communication, inadequate record-keeping, or sheer carelessness on the part of the funeral home staff.
If your family has experienced funeral home negligence, it’s essential to seek the guidance of a skilled attorney who can discuss possible legal solutions.
When a funeral service provider in McKinney fails to uphold its duty of care and causes harm to a grief-stricken home, it’s crucial to understand your legal options. You can proceed with the following:
The Texas Funeral Service Commission (TFSC) is the regulatory body that protects the public from deceptive practices in the funeral and death care industry. It licenses and regulates funeral directors, embalmers, funeral homes, commercial embalming facilities, and crematories.
Anyone who believes an individual or establishment licensed by the TFSC has violated the Commission’s governing laws or rules may file a complaint by submitting a completed form to the TFSC. Generally, complaints must be filed within two years of the event giving rise to the complaint.
Aside from filing a regulatory complaint with the TFSC, the best option to recover compensation for your damages is to file a civil lawsuit in court.
When a funeral home fails to provide the expected standard of care and causes harm to grieving families, there are several legal grounds upon which a lawsuit can be based. These include negligence, breach of contract, and emotional distress.
Negligence occurs when a funeral home fails to exercise reasonable care in the performance of its duties, resulting in harm to the family. This can encompass a wide range of errors, such as mishandling remains, failing to follow proper protocols, or providing inadequate staff training.
To prove negligence, the family must demonstrate that the funeral home had a duty of care, breached that duty, and caused harm as a result.
Breach of contract is another legal basis for a lawsuit against a funeral home. When families enter into an agreement with a funeral home for specific services, they expect those services to be provided as agreed upon.
If the funeral home fails to deliver on its promises or violates the terms of the contract, the family 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.
Emotional distress is a third legal ground for a lawsuit in cases of funeral home errors. The loss of a loved one is already an incredibly difficult and emotional experience, and when a funeral home’s negligence or misconduct compounds that grief, it can lead to severe emotional distress for the family.
This can manifest in multiple ways, such as depression, anxiety, or even post-traumatic stress disorder (PTSD). To prove emotional distress, the family must demonstrate that the funeral home’s actions were the direct cause of their emotional suffering and that the distress experienced is significant and lasting.
By pursuing legal action against negligent funeral homes, families not only seek accountability for the harm they have suffered but also help to raise awareness about the importance of maintaining high standards of care and professionalism in the funeral industry.
Trying to resolve a negligence case is not easy, especially if it involves significant damage. In cases like this, determining liability is crucial.
However, there are several factors that may make proving fault and receiving compensation more difficult, which is why it is important to have an attorney who specializes in negligence cases to help you.
The lawyers at Carew Garcia Bohuslav Law have the skills and experience you need to get this done. Our specialized attorneys can:
Once the investigation into your lawsuit against your funeral home commences, your attorney must craft a compelling case to prove liability by showing that the at-fault party meets the following requirements for liability:
At Carew Garcia Bohuslav Law, we have handled hundreds of negligence lawsuits, and we are confident that we can secure a favorable outcome for your case. You can trust that our experienced attorneys will work towards maximizing your chances of gaining the compensation you deserve.
A local McKinney funeral home lawyer can make a significant difference in the outcome of your case. These attorneys have a deep understanding of the specific laws, regulations, and court systems in Texas, which can be invaluable when navigating the complex legal landscape of your claim.
Moreover, a local attorney has established relationships with local experts, such as investigative and medical professionals, who can provide critical testimony to support your claim.
They also have experience working with local judges and opposing counsel, which can lead to more effective negotiations and a better chance of a favorable settlement or verdict.
Their proximity and familiarity with McKinney’s legal system can make all the difference in ensuring that your rights are protected and your voice is heard.
Contact trusted McKinney-based funeral home lawyers from Carew Garcia Bohuslav Law for urgent assistance after suffering misconduct from the ones you entrusted with your loved one’s funeral service.
Honoring and caring for the dearly departed is a sacred responsibility, and the pain of negligence by a funeral home is a deeply distressing experience that no family should have to endure.
Our dedicated legal team is here to ensure that your rights are being protected as you try to recover from such a devastating and outrageous incident. We will carefully evaluate your case, provide tailored legal advice and offer compassionate support.
You and your loved one’s memory deserve justice, and we will help you achieve it. Call us now at (469) 224-1617 or fill out our online form to schedule your free case consultation and learn more about your legal options.