Funeral home cases in the State of Florida are mostly governed by case law rather than Florida Statutes. In order to recover compensation for pain and suffering for the tortious interference with a dead body, the family must prove that the conduct at issue was reckless in nature. In most cases like an automobile accident, the burden is to prove negligence which is much easier to prove than recklessness. There may be a case to pursue on the facts that you presented but more will need to be discussed with a Florida Personal Injury Attorney handling this matter. From first glance, the dropping of the body may have been mere negligence because these mistakes can happen. The bending of the leg in the doorway seems to be reckless in nature. The fact that other problems have occurred may or may not be relevant to the facts at hand. Certainly, it is a horrible thing to witness; however, Florida law is Florida law and the burden to prove reckless conduct is onerous and many cases are turned down because of it.
David Wolf, Attorney
Wood, Atter & Wolf, P.A.
333-1 East Monroe Street
Jacksonville, Florida 32202
(904) 355-8888 Work
(888) 962-4453 Toll Free
Mr. Wolf would be a good choice for you for representation. You shuld give him a call!
In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.
Like was already mentioned, it has to be reckless behavior in order to potentially make a claim for improper handling of a dead body. Another possible avenue is negligent infliction of emotional distress, but in Florida that requires an actual physical injury to result from the event. Without more information, it's difficult to determine if either of those possible claims are present.
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