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Wrongful Cremation


The death of a loved one is a traumatic experience for anyone to go through, and often marks one of the most distressing times in a person’s life. This pain is exacerbated upon the knowledge that the funeral of a loved one will be altered because the funeral home wrongfully performed a cremation. While cremation is a chosen avenue for many people, it is shattering for a family that wanted their loved one to be buried. The loss of the body and casket is a devastating experience for a loved one who is still reeling from the loss.

Wrongful cremation unfortunately becoming increasingly common throughout funeral homes, and it is therefore extremely important to remain in constant contact with the funeral home after your loved one’s passing. This is an emotional time, and you may not want to spend your days thinking about the funeral. However, there are instances when the funeral home may use undue influence in pressuring the surviving spouse or family member to go forward with cremation, rather than store the body for several days.

A funeral home may not act in this manner, and it is important to keep in mind that only a select few people are able to make decisions regarding the deceased’s remains. If a funeral home does not consult with the surviving spouse or parents, it could be acting in a negligent manner in going forward with a cremation without consulting the appropriate parties.

Aside from the near total devastation after discovering that your loved one was cremated, the financial repercussions are also large in comparison to funeral expenses. According to the National Funeral Directors Association, the average funeral service and burial costs around $8,000, whereas the average cremation is approximately $6,000. This difference in cost can having a lasting impact on a family who believed they would be paying a higher fee to the funeral home for a funeral service, rather than the reduced cremation fee. This change in fee will be included on a claim for damages after the wrongful cremation.


When a funeral home has behaved in a negligent manner, the victim may bring a claim for damages. In the case of wrongful cremation, a funeral home has acted below the traditional standard of care for a funeral home in performing this action. As such, the family of the wrongfully cremated is often entitled to bring a claim for damages, including the cost of cremation and the emotional distress tied to the cremation.

It is an overwhelming experience to expect to see your loved one at their funeral for a last goodbye, only to discover that their body was wrongfully cremated. The negligent funeral home should be held accountable for their actions in failing to follow the family’s wishes. An experienced attorney will assist you in determining the amount of damages you are entitled to receive for your family’s injuries.


If your family has experienced the wrongful cremation of a loved one, do not hesitate to contact the Malley Law Firm. Tony Malley has years of experience in preparing and handling claims related to the wrongful cremation. The loss of a loved one is an emotional time, but the further loss of the chance to say goodbye should not be taken from you without consequence. Contact our Beaumont or Houston offices today for your initial free consultation.



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