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The Mishandling of Human Remains: 5 Types & Tips to Protect Yourself

The emotional consequences of funeral home negligence and the mishandling of human remains — of a loved-one’s body or ashes — can be profound and deeply distressing for families.

Families already dealing with the loss of a loved one may experience heightened grief if they feel that the dignity of the deceased was not respected or if there were mistakes in the funeral process. Families often place their trust in funeral homes to handle their loved ones with care and respect.

Negligence can lead to feelings of betrayal and anger towards the service providers.  Dealing with the fallout from negligence, such as having to rectify mistakes or navigate legal issues, can lead to increased anxiety and stress during an already challenging time, as well as a substantial financial burden.

Proper funeral rites and processes are often vital for emotional closure. Negligence can disrupt this process, leaving families feeling unsettled and unable to fully grieve. Experiencing negligence of this sort can lead to a general distrust in funeral services or professionals, making it difficult for families to seek help in the future.

Perhaps, worst of all, families might feel isolated in their experiences, particularly if they fear judgment from others for what happened. This can lead to feelings of shame or embarrassment.  In some cases, the consequences of such negligence can lead to more profound psychological effects, including anxiety disorders, depression, or post-traumatic stress disorder (PTSD).

The emotional consequences can linger long after the initial incident of the mishandling of human remains, impacting not just the immediate family but also broader social relationships and support systems. It’s important for those affected to seek support from mental health professionals or support groups to help process these feelings.  Another important avenue of support is proper legal advise and representation.

5 Types of  Mortuary Negligence

Mortuary negligence and mishandling of human remains involve careless or unethical practices—such as misidentification, improper storage, or commingling—that violate legal standards, dishonor the deceased, and cause families profound emotional distress. These are the most common types:

Improper Handling of Remains

Cases where deceased individuals were not treated with respect, such as being left in unrefrigerated conditions or being mishandled. This may include misidentification of bodies, storing remains in unsanitary or unsafe conditions, failing to refrigerate or preserve them properly, using unapproved or negligent embalming methods, or mishandling cremated remains by mixing, mislabeling, or losing them.

Failure to Provide Services

Instances where families paid for specific services (like embalming or body transportation) that were not completed as promised.

Wrong Body Returned

Situations where families received the wrong body back for burial or cremation, leading to errors in final arrangements.

Neglecting to File Necessary Paperwork

Some funeral homes have been reported for failing to file death certificates in a timely manner, causing legal and administrative complications for grieving families.

Commingling of Remains

Allegations have been made against some funeral homes for mixing ashes or remains, particularly during cremation processes. This can happen when cremations are performed without properly cleaning the chamber, when remains are misidentified or mislabeled, or when ashes are intentionally combined to save time or costs.

Such behavior not only violates California state and federal regulations but also cause severe emotional distress to families, erode trust in the funeral profession, and may constitute grounds for legal liability.

Let Us Help You Recover

A trip and fall accident can leave you hurt and overwhelmed, but you don’t have to face it alone. If you’ve been injured due to someone else’s negligence, our team is here to help. Contact the law offices and Cohen & Cohen today for a free consultation to discuss your case and learn how we can fight for the compensation you deserve.