Loss of Sepulcher and Funeral Home Negligence
Among life’s most tragic and difficult experiences is the loss of a loved one for any reason, which may include negligence that can result in claims for wrongful death. Emotions run very high, and, on top of the extreme psychological pain and suffering that families experience due to the loss of a dearly departed relative, there is the added stress of having to make funeral arrangements and decisions regarding the disposition of the body of the deceased. Generally, families in the Bronx, and all over New York City, must place their trust in the services of a funeral home to make preparations, not only for funeral services themselves, but also to undertake the unpleasant task of preparing the deceased relative’s body for burial or cremation in accordance with the last wishes of the deceased and the religious beliefs of the family.
What many New York City residents do not know, however, is that, once a funeral home accepts responsibility for these tasks, it assumes a strict legal obligation to the family to ensure that the deceased persons remains are delivered in a timely and proper fashion – in accordance with the last wishes of the deceased and their next of kin – to the family for preservation or burial. If funeral home negligence occurs, and there is any disruption in this process, the funeral home can be held liable in a Bronx personal injury lawsuit for failing to properly adhere to this legal duty. A personal injury lawsuit seeking money damages may be available as a remedy to family members who are victimized by this type of funeral home negligence.
It is also true that anyone else who is involved in the process of handling the remains of a deceased person in addition to a funeral home – ranging from a hospital, to the Office of Chief Medical Examiner of the City of New York if an autopsy is performed – can be held liable for causing any disruptions in this process. For example, in cases of medical malpractice that result in the wrongful death of a patient, the hospital may mishandle the body of the deceased person, which can give rise to an additional personal injury claim for the family. If an unauthorized or negligent autopsy is performed, or if anything else is done to the body against the last wishes or religious beliefs of the deceased person and their family, whoever it may be that is responsible for these unauthorized actions can also be held responsible in court by experienced Bronx personal injury lawyers.
If your family has been the victim of funeral home negligence, or there has been any other interference by anyone relating to the remains of a loved one, contact our Bronx personal injury lawyers today at (718) 354-8000 for a free consultation to discuss your rights to compensation. Whether your loved one died of natural causes, or were killed unexpectedly in a car accident or other type of accident in which negligence was involved, the Bronx personal injury lawyers at the Jesse Minc Law Group are standing by to assist in your time of need.What Legal Rights Does My Family Have If Our Loved One’s Body Was Delayed in Delivery, Lost, or Mutilated Against Our Wishes Due To Negligence?
Under New York law, each of the next of kin of a deceased person has “Sepulcher” rights over the body and remains of a deceased relative. The term “Sepulcher” means, in plain English, that the family has the absolute right to prompt receipt and disposition of the remains of a deceased relative free of any interference. If anyone – from funeral homes, to hospitals, to government officials such as EMTs or the Office of Chief Medical Examiner of the City of New York – does anything that unreasonably delays or prevents the delivery of the body to the family, that violates the family’s express religious beliefs, or that causes harm to the remains of the deceased person, all of the “next of kin” of the deceased person may be able to bring a personal injury lawsuit alleging negligence against the responsible parties. In context of such a claim, the “next of kin” refers to anyone who would have been a recipient of a share of the deceased person’s estate, whether through a will, or through the rules of intestacy as specified in Section 4-1.1 the New York Estates Powers and Trust Law if the deceased did not have a will. Our Bronx personal injury attorneys can teach you about how you may be entitled to significant compensation if your family has experienced any interference with rights of “Sepulcher”.
New York law provides that family members of a deceased person whose “Sepulcher” rights are interfered with are presumed to have suffered serious psychological and emotional injuries for which those responsible must pay money damages. This unique rule permits a jury to award significant money damages for psychological and emotional pain and suffering, even if the family members obtain no formal psychological treatment in connection with their personal injury claims. However, it is always advisable to seek at least some medical attention if you intend to make such personal injury claims. Seeking treatment is not only helpful in the grieving process, but will substantiate your claims of psychological damages to a jury and help convince the jury that you have experienced a serious psychological harm.Contact the Wrongful Death Lawyers at Jesse Minc Law Group Today for a Free Consultation
At the Jesse Minc Law Group, our Bronx personal injury lawyers offer free, no-fee guarantee consultations to victims of funeral home negligence and hospital negligence who believe that their “Sepulcher” rights may have been interfered with. We will help you and your family discover the truth of what may have happened to the remains of your deceased relative, and will assist you in obtaining psychological treatment to bolster your case and help you move past such a tragic event if you so desire. Contact us today at (718) 354-8000 if you believe that someone has interfered with your rights to lay a deceased relative to rest without undue interference.