Types of Evidence in Funeral Home Negligence Cases
You can build a robust, well-rounded case against the funeral home by presenting compelling evidence such as:
Documentation
Paperwork and records can be invaluable in demonstrating a funeral home’s failures. This may include:
- Contracts outlining the agreed-upon services
- Receipts and invoices
- Communication records such as emails and voicemails
For example, if the funeral home failed to complete required cremation forms properly, that would be a clear documentation failure. Similarly, if the home’s records show the remains were misplaced or buried in the wrong plot, that creates a paper trail of their negligence.
Physical Evidence
Visual proof can be powerful in funeral home cases. This could include photographs of the deceased’s body showing signs of improper preparation or desecration. If personal items entrusted to the funeral home are lost, damaged, or returned in an unacceptable condition, they can also serve as tangible proof of negligence.
For instance, physical evidence would be critical if the family has the urn that was supposed to contain their loved one’s ashes, but the ashes were switched or never returned.
Witness Statements
Eyewitness accounts from family members, funeral home staff, or other relevant individuals can lend vital credibility to a negligence claim. Loved ones who were present and observed the funeral home’s failures firsthand can provide invaluable testimony. Similarly, former or current employees may be able to speak to the funeral home’s substandard practices or a pattern of negligence. This type of witness evidence helps establish the timeline of events and the alleged negligence.
Expert witness testimony can be invaluable, too. For example, forensic experts and funeral industry professionals can provide insight on the standard of care, causation, and the extent of harm suffered.
