Houston Funeral Home and Cemetery Negligence Lawyer
When your loved one passed, you made end-of-life arrangements, including a funeral and burial or cremation. You trusted that the funeral home and its directions would handle your family member’s life with care and due diligence. However, if the funeral home breached that trust and applicable laws, you have the right to file a compensation claim against it with a Houston funeral home and cemetery negligence lawyer.
The law offices of Omar Khawaja will fight to protect your rights when pursuing a civil action against negligent funeral homes, cemeteries, directors, and other third parties who did not meet their duty toward the covenant of good faith and fair dealing. There are statutory deadlines that apply to your case, which means that you should speak with Attorney Omar and his legal team as soon as possible.
If you need legal advice or want a Houston funeral home and cemetery negligence lawyer to review your case, request a free consultation with the law offices of Attorney Omar by messaging us confidentially here or calling (281) 888-2339 now. We do not ask for any upfront payment for our legal services or get paid until you win.
Types of Houston Funeral Home and Cemetery Negligence Cases We Represent
Negligence is the careless or reckless act of another person or entity. The funeral home or cemetery and its directors or owners understood the laws that apply to them and then choose to commit negligent acts against you or your deceased family member in light of this knowledge. You do not have to sit by and let them get away with their actions.
Funeral Home Negligence
The law offices of Attorney Omar will represent even the most challenging cases, including, but not limited to, the following:
- Theft of personal property on the decedent’s body
- Extraction and sale of human organs
- Cremation instead of burial or vice versa
- Misplacing ashes after cremation
- Switching more expensive caskets for cheaper ones
- Overcharging your family for services never rendered
- Improper care of remains
- Physical abuse of a corpse
- Excessive decomposition of the remains
Negligence is not just limited to funeral homes; it can also take place at burial sites. Attorney Omar will help you handle cases related to:
- Mismanaged burial records
- Improper grave maintenance
- Improper exhumations
- Breach of contract cases
- Burying your family member in the wrong plot
- Causing physical damage to the body, casket, or headstone
- Stacking remains in oversold plots
- Misplaced tombstones
- Failure to follow burial instructions
- Improper burial practices
If you think that you or your family is the victim of the funeral home or cemetery negligence, get legal help now from Attorney Omar and his legal team of professionals. We do not shy away from severe cases and will go after an award that you deserve.
Compensation Available for Funeral Home or Cemetery Negligence Claims in Texas
The “death care industry” is a term that refers to the people, companies, and organizations that provide services and products related to handling the passing of a loved one. Typically, these entities include owners, directors, funeral homes, cemeteries, and third-party providers.
Make sure that you are filing a claim against the correct party. You only have one shot at getting your claim right. Filing it against the wrong party will result in an insurance denial or civil court complaint dismissal. This situation can result in less compensation for your family, even though the funeral home or cemetery acted negligently.
While every case is different and presents its own unique challenges, you can count on the law offices of Omar Khawaja to hold insurers to their promises and state laws by obtaining an award for:
- Reimbursement for associated costs of negligence
- Reimbursement for property damage
- Lost work wages for time missed
- Mental anguish
- Punitive damages
- And more
If you believe that your family member’s memory was marred or dishonored by a funeral home or cemetery, it is imperative that you contact a Houston funeral home and cemetery negligence lawyer who has experience representing these types of matters. Protect your rights and the legal rights of your loved ones by exploring your opportunities after an error or act of abuse.
Speak with the Law Offices of Omar Khawaja Today
Our law firm understands that this is an upsetting and confusing time for you or your loved ones. You do not have to face this challenge alone. Get the answers and legal advice you need with a Free Consultation by messaging our office here or calling us at (281) 888-2339.
Ensure that the Right Party Files the Claim
In general, a closely-related family member files a negligence claim against the funeral home or cemetery. These people are typically spouses, children, or other immediate family members since they are the ones who suffered the most from financial and emotional devastation caused by the funeral home or cemetery negligence.
However, there are situations when these individuals are unable or unwilling to pursue a negotiated settlement or civil court award. There are also family situations that are not necessarily conventional or black-and-white. Talk to a Houston funeral home and cemetery negligence lawyer at the law offices of Omar Khawaja to help you determine the person who should file the claim or court petition.
Texas’s Statute of Limitations Determines the Timeline of Your Case
A statute of limitations is a law that stops a party from initiating a civil lawsuit after a specified period passes. If you miss the civil deadline that applies to your Houston funeral home and cemetery negligence case, then you do not possess the legal right to obtain compensation for your damages.
The Statute of Limitations that Applies to Funeral Home or Cemetery Negligence Matters
Under Texas Civil Practice and Remedies Code 16.003(a), there is a general statute of limitations set at two (2) years from the date the incident took place. If you have a breach of contract matter, then your deadline is four (4) years from the incident date.
Depending upon your situation’s facts and circumstances, other deadlines and limitations may apply, which means that it is vital to speak with a Houston funeral home and cemetery negligence lawyer to help.
If Your Case Exceeds the Statute of Limitations
Some exceptions apply to the statute of limitations rule. However, these exceptions are reserved for particular circumstances. Texas allows parties to “toll” the statute of limitations. Rather than leave your legal matter to chance or guesses, confirm whether you still have an opportunity to file a case with the law offices of Omar Khawaja.
Moving Forward with Your Funeral Home or Cemetery Negligence Claim
All funeral home or cemetery negligence claims require you to identify the laws and principles that apply to your case while providing discoverable, admissible evidence to support your allegations. Insurance companies root themselves in this knowledge, and when you do not have a Houston funeral home and cemetery negligence lawyer, they can take advantage of it.
A Strong Legal Team
When you hire our Texas law firm to represent your case, you will have access to a group of professionals with diverse resources. We will investigate the facts and circumstances surrounding your claim and then package our findings and present them to the insurance company in an initial demand letter. If they do not pay, we will hold their hand to the fire to ensure you get every dollar you are entitled to.
After sending them a lengthy and carefully crafted demand for payment letter, the negotiation process begins. The insurance company will either accept, deny, or counter the initial demand. If it is opposing or refusing payment, the insurance company must do so with a detailed explanation. The law offices of Omar Khawaja will never accept a settlement number without your authorization or consent.
Ready to Fight at Trial
Texas civil laws protect people in your situation, and if Attorney Omar believes that you deserve more, he will provide recommendations to take your case further. If the insurance company refuses to play by the law, then your Houston funeral home and cemetery negligence lawyer at the law offices of Omar Khawaja will take your case to trial if necessary.
Take Expedient Action If You Suspect Negligence or Abuse Took Place
While your Houston funeral home and cemetery negligence lawyer will draft all communications and, if necessary, a civil court petition, there are steps that you can take to provide more relevant information related to your case. Doing so may preserve evidence and information that can help you move forward into the next phase of life a little more quickly.
If possible, take the necessary steps to:
- Keep all contracts, receipts, and letters from or to the funeral home or cemetery
- Write down the date, time, and name of the person you spoke with during telephone calls and visits, along with notes about your discussion
- Make a note of every negligent incident that occurred
- Compile a list of eyewitnesses and their contact information, if you know it
- Maintain a daily journal that tracks your emotional health and how the negligent acts affected you and your family
It may not be possible for you to obtain all of this information. Attorney Omar will put his team to take to assemble them for you. However, these materials are helpful when initially addressing your case and may result in shorter case timelines. Your Houston funeral home and cemetery negligence lawyer will determine which pieces of evidence you need to speak to the facts of your case.
Attorney Omar Will Inform You of Your Rights
Our experienced and knowledgeable Houston funeral home and cemetery negligence lawyers will explain your legal options in plain language regarding your situation with the funeral home or cemetery. Numerous federal and state laws apply to your case, which means that you will find Attorney Omar’s insight to become an invaluable part of the legal process.
Federal Laws Apply
Funeral homes must abide by rules set forth by the Federal Trade Commission (FTC) as well. Specifically, the “Funeral Rule” requires them to provide you with an itemized list of what it will cost to meet your funeral, burial, or cremation needs before you even agree to utilize their services. If it deviates away from standards, such as this or misrepresents FTC rules and regulations, and causes harm to your family, you have a right to pursue a civil award that compensates you for your losses.
Insurers Hold the Power
Without understanding these laws, it is challenging to fight back against the funeral home’s or cemetery’s insurance company. Insurers are at an unfair advantage over you in terms of collective institutional knowledge and legal leverage. Do not shrink back when they try to “low ball” your offer. Get what you deserve by hiring the Law Offices of Omar Khawaja today.
Take Your Power Back with the Law Offices of Omar Khawaja Today
Proving a funeral home or cemetery negligence claim requires proof that the defendant owed you a duty of care and breached their duty, which resulted in your harm, to negotiate an adequate settlement or civil court award. Attorney Omar and his unrelenting legal team will work tirelessly to compensate for your physical, financial, and emotional damages.
Although we can never restore the dignity and peace that your loved one respectfully deserved, your Houston funeral home and cemetery negligence lawyer will exercise every possible remedy, strategy, and tactic to obtain the most favorable advantage for your case under the given circumstances. You do not have to settle for less than what the funeral home owes you, cemetery, or insurance company.
Our Firm Will Take Your Case on Contingency Fees
The law offices of Omar Khawaja understands that you are dealing with a lot of emotional and financial harm. Rather than put you into further financial straits, our firm will represent your case on a contingency fee basis. We will pay for all legal costs throughout the entire time you work with us and do not receive payment for our services and resources unless you win your case. Otherwise, we do not get paid.
Free Consultation with a Houston Funeral Home and Cemetery Negligence Lawyer
Get started on your case right now by getting the information you need. Call us for your Free, No-Obligation Consultation at (281) 888-2339 or by messaging us confidentially about your case here. While we try to answer your call within a few rings, we will return your call within twenty-four (24) business hours maximum.