The article linked below appeared in the August 2010 issue of “Plaintiff Magazine”and was brought to my attention by my friend Ernie Heffner. It is a MUST read for all DeathCare Practitioners.
My Recommendation: print it out and require all your funeral staff to read it.
Just some highlights from this attorney author to his colleagues:
- “Representing family members in an action against a funeral services provider may be one of the most rewarding cases of your career… [they] can be immensely satisfying.”
- “These cases involve some surprising advantages that set them apart from a typical plaintiff’s case.”
- “Cases can involve: losing remains, damaging remains in a motor vehicle accident, improper refrigeration, improper embalming, cremating the wrong remains, mixing cremains of multiple persons, improperly throwing away fetal remains as medical waste, conducting unlawful autopsies…to name a few.”
- “The implied covenants of all funeral services contracts makes proving breach much easier and emotional distress damages recoverable.”
- “it is well recognized that the real objects of the agreement between the family and the mortuary are consolation, consideration, dignity and peace of mind.”