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Wrongful Cremation

Fort Lauderdale Wrongful Cremation Attorneys

Wrongful Cremation in Florida

Having worked with countless grieving Florida families over the years, we at Ginnis & Krathen, P.A. know how devastating it can be to lose someone you love. Having to go through the preparations of a burial or cremation for your loved one can be emotionally exhausting and stressful, but it’s also often the one time your family has to say goodbye together. It can be especially traumatizing, then, when your funeral home or mortuary is negligent and doesn’t give your family the care you deserve. If your family has experienced what is known as funeral home negligence, you need quality legal representation to resolve your conflict and help you to move on. Our Fort Lauderdale wrongful cremation lawyers are available to assess each component of your claim and secure the compensation you need. You can trust us to focus on the details of your case while you begin the healing process with your loved ones.

Contact us online or by phone today for accessible and honest service at (954) 833-7044. Our successful track record speaks volumes about our commitment to our clients’ well-being.

Common Types of Crematory Mistakes

When selecting a funeral home to cremate your loved one, it’s only natural that you should expect the home to give you the most compassionate and deserving care, especially during such a challenging time. Unfortunately, funeral homes can make mistakes just like another driver or medical professional. When a mistake is made and you believe negligence has occurred, it’s important to call our attorneys immediately to investigate the situation, even if you’re unsure whether you have a valid claim.

There are a certain number of steps funeral homes must take in order to provide families with a standard of care. For example, in most states, there is an in-depth identification process that requires keeping identification tags with bodies, completing paperwork, and labeling the crematory.

However, there is a lot that can go wrong during the holding process. Wrongful cremation can include the following:

  • Cremating the wrong body
  • Loss of body or remains
  • Mislabeling remains so the ashes go to the wrong family
  • Mixing of ashes of multiple individuals
  • Failure to properly cremate the body

In addition to the things that can go wrong in the cremation process, some funeral homes have also been known to take advantage of vulnerable families by overcharging for services or recommending unnecessary services in order to make more money. And, in some rare cases, funeral homes have been caught selling bodies and body parts.

What to Do If a Funeral Home Has Been Negligent

If you notice or suspect that a funeral home has been negligent in handling your loved one’s body or remains, there are certain steps you must take if you wish to recover damages and hold the funeral home responsible. Acting quickly is imperative, as any evidence of misconduct or negligence in wrongful cremation cases can be destroyed in the time it takes you to get started on your case.

Individuals who suspect negligence has occurred can follow the following steps:

  • Hold onto all your documents: The more evidence you have of your transactions and correspondence with the funeral home, the better. Keep your payment plans, receipts, emails, and other documentation safe in one place.
  • Write down anything you can remember: If you don’t have physical receipts of your communication with the funeral home staff, be sure to jot down anything you can remember, as well as details that may suggest misconduct took place.
  • Hire a lawyer: Wrongful cremation is, unfortunately, more common than most people would think, and our lawyers have experience helping families through the process. If you wish to recover damages and hold your funeral home accountable for their actions, it’s important to hire an attorney.

Hiring an Attorney is Imperative in Florida

When your family files a wrongful cremation claim, you may be able to recover the costs of the cremation as well as the emotional distress your family has been forced to endure. However, it can be difficult to prove you deserve compensation for emotional distress because of Florida’s Impact Rule. This rule prevents surviving family members from recovering damages for emotional injuries if they haven’t also suffered physical injuries. For example, a person may be able to recover compensation if they suffered a heart attack or some other physical ailment after watching their loved one die.

Even though it can be difficult to recover damages for emotional distress, it’s not impossible. When you call our team, we can sit down with you in a confidential, one-on-one consultation so we can learn more about your situation and what you’re going through. Having to lose someone you love is hard enough; being unable to get the sendoff you deserve is unspeakable.

Your family can turn to our wrongful cremation lawyers in Fort Lauderdale in your time of need. Call us at (954) 833-7044 if you require counsel in Florida.

Every Case Matters

Millions of Dollars Recovered in Successful Verdicts & Settlements
  • Fatal Truck Accident $3,000,000

    We recovered $3 million for the family of a pedestrian who was fatally struck in a truck accident.

  • Slip & Fall $2,950,000

    Our client slipped and fell on commercial private property due to a leaking roof. As a result, Ginnis & Krathen, P.A. was able to secure $2.95 million for our client.

  • Rear-End Car Accident $2,000,000

    Ginnis and Krathen successfully resolved a rear-end motor vehicle crash on behalf of their clients in the amount of $2,000,000.00. Our clients were driving south on I-95 when they were rear-ended by a tractor-trailer. The force of the crash was so significant that it sent our clients’ vehicle into a wooded area on the side of the road.

  • Motorcycle Accident $1,520,000

    Ginnis and Krathen successfully resolved a motorcycle crash involving a fatality in the amount of $1,520,000.00. The decedent was killed when his motorcycle was struck by a commercial vehicle.

  • Sidewalk Fall $1,400,000

    Ginnis and Krathen successfully resolved a Slip and Fall case on behalf of their client in the amount of $1,400,000. Due to the negligence of Defendant, our client fell in the common area of a 55+ condominium community and sustained significant injuries.

  • Rear-End Car Accident $1,350,000

    A drunk, uninsured driver going 60-70 mph crashed into the rear of a vehicle with a man and woman in their 70s and a 99-year-old passenger. Attorneys Eric Ginnis and H. Ross Zelnick successfully negotiated to obtain a $1.35 million settlement for the two seniors and the estate of the 99-year-old decedent.

  • Slip and Fall – Slippery Floor $950,000

    Our client slipped and fell on a very slippery polished marble floor. The carrier denied liability prior to a lawsuit being initiated. The attorneys at Ginnis & Krathen, P.A., after contested litigation,  we were able to reach a settlement for our client in the amount of $950,000.

  • Side-Swipe Auto Accident $900,000

    Ginnis and Krathen successfully resolved a side-swipe motor vehicle crash on behalf of their client in the amount of $900,000.00. Our client was operating his motor vehicle when he was sideswiped by another motor vehicle.

  • Automobile T-Bone Accident $750,000

    While traveling in their vehicle, our clients were struck on the side by a large pickup truck. Through aggressive presuit negotiations, with the Defendant’s insurance company, our attorneys were able to settle the case in an amount of $750,000.

  • Auto Sideswipe $650,000

    Our client was sideswiped by another vehicle and sustained injuries due to the crash. Our attorneys were able to settle the case in the amount of $650,000 for our client.


Client Testimonials

Real Stories, Real Recoveries
  • They remain on top of everything !

    “Ross and Eric are very professional and caring. They remain on top of everything and if you have questions they’re more than willing to take the time and explain things in detail! Their staff ...”

    - Stacia D.
  • I had a lot of peace of mind being their client as I knew I had nothing to worry about.

    “Ginnis & Krathen, P.A. and his team were very professional, encouraging, and thorough with my case. They helped me understand the whole legal process and they always kept me updated with my case. I ...”

    - Carlos G.
  • I am very grateful.

    “I would recommend them after 3 very different cases. They have been available and supportive just when needed most, and I am very grateful.”

    - Leland L.
  • They will fight hard for you and go above and beyond for you.

    “Ginnis and Krathen have been such a godsend! Eric, Ross, Milly, and the staff are some of the nicest and genuinely caring people and Firm you will find. Whenever I’ve needed to speak to Eric, he’s ...”

    - Ericka R.
  • Miguel Amador is an amazing attorney and takes client care to the next level.

    “Miguel Amador is an amazing attorney and takes client care to the next level. He is well-respected by other attorneys who practice personal injury law and he serves as a valuable asset and resource to ...”

    - James J.

What Makes Us Different?

Learn About Our Unique Legal Approach
  • Proven Record of Success

    We have recovered millions of dollars in successful verdicts and settlements, including a seven-figure case that another firm turned down.

  • Trial-Ready Legal Advocacy

    Our personal injury attorneys have extensive jury trial experience and have collectively tried more than 250 jury trials to verdict.

  • Extensive Medical Resources

    Our firm benefits from a qualified network of medical experts who will waste no time in assessing your injuries, no matter how extensive.

  • A Network of Support

    When you hire us, you will benefit from the unwavering support of our attorneys, legal staff, forensic investigators and more. 

  • Personalized Legal Approach

    As our client, you can rest assured that your case will receive the personalized care and attention of a knowledgeable senior partner — no matter the size.

  • Maximized Case Value

    We are committed to maximizing the recovery that our clients deserve and have successfully settled cases that other law firms have turned down.