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Funeral Misidentification


The death of a loved one is a devastating time in anyone’s life and is often fraught with anxiety and grief. The last thing on your mind is the terms of the funeral service and the intricacies of the gravesite. Unfortunately, there needs to be someone who is attuned to this during these difficult weeks, or funeral homes could potentially commit negligence regarding the body or the gravesite. Failure to notice this negligence could leave you without repercussions against the funeral home in the future.

It seems to be the thing of bad horror novels, but funeral misidentification is a very real thing that happens to many families throughout the country each year. The instance of funeral misidentification can often go unnoticed in the case of closed casket ceremonies or in the case of cremation. It is therefore important to check all steps in the funeral process, even though this may be an extraordinarily difficult time for you and your family. However, the funeral home should be in charge of ensuring that everything in the funeral service goes off without an issue. Therefore, any issue of funeral misidentification should be handled by the funeral home, who should cover the costs of any second funeral and any emotional distress which occurs through the mistake.

The Malley Law Firm aggressively targets negligent funeral homes & cemeteries to get you the compensation you deserve. If you’re looking for the foremost funeral home and cemetery attorney, you’ve come to the right place. Contact us today.


One of the most heartbreaking cases of funeral misidentification occurs when the wrong body is cremated at a funeral home. Families often have very strong beliefs regarding burials and cremations. The failure of the funeral home to respect these wishes or to mistakenly identify the wrong body for cremation could lead to a lifetime of mourning for the families. Families who strongly believe in burial often seek to have a spot where they can return to each year to make peace with the death of their loved one. The terrible instance of wrongful cremation could rob families of this wish, leading to years of emotional distress.


The funeral home which committed the grave mistake of misidentification, wrongful cremation, or wrongful burial should be held liable for any resulting expenses that could result from a secondary burial. The funeral home should equally be held liable for the emotional distress which the family had to undergo through the knowledge of their loved one’s mistaken identity, as well as the second funeral which so often has to be planned. The funeral often signals the culmination of the mourning period, after which the family will try to move on. Funeral misidentification not only prolongs the grieving period, but creates further distress for a family that simply wants their loved one to have a peaceful resting place. An experienced funeral negligence attorney will be able to assist you in determining the amount of damages the funeral home should be liable for.


If you have gone through the devastating loss of a loved one only to be subject to the negligent behavior of funeral directors, do not hesitate to contact the Malley Law Firm. Tony Malley has years of experience in handling funeral negligence cases and will work tirelessly to ensure you receive the compensation you deserve after the emotional distress of funeral misidentification. Contact our Beaumont or Houston offices today for your initial free consultation.



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