Do I have any recourse if a funeral home failed to ship my loved one’s remains in sufficient time to arrive before the funeral date?

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Do I have any recourse if a funeral home failed to ship my loved one’s remains in sufficient time to arrive before the funeral date?

Asked on April 26, 2012 under Estate Planning, Kentucky

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Sorry to hear about your loved one.

You could sue the funeral home for negligent infliction of emotional distress.  Negligence is the failure to exercise due care (that degree of care in this case that a reasonable funeral home would have exercised under the same or similar circumstances to prevent foreseeable harm).  Negligent infliction of emotional distress is the failure to exercise due care to not cause you emotional distress.

Your damages (the amount of compensation you are seeking in your lawsuit) for negligent infliction of emotional distress would be medical bills for emotional distress, pain and suffering for emotional distress, costs incurred due to delaying the funeral, documentation of any wage loss.  Compensation for the medical bills is straight reimbursement.  Compensation for pain and suffering is an amount in addition to the medical bills.  Compensation for costs incurred due to delaying the funeral is straight reimbursement. Compensation for documentation of wage loss is straight reimbursement. 


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