Legal Question in Business Law in California

Recently, I received a phone call regarding an improper burial, that they made a mistake 20 years ago to buried my father. 20 years ago I bought 2 spots one for my father one for my mother. They buried my father in the wrong spot. Recently they discovered that my dads grave is empty and my moms grave has my dads remain. My dads headstone is in my moms spot.

I was wondering if there is anyway to file a lawsuit on an improper burial?


Asked on 10/30/10, 10:51 am

3 Answers from Attorneys

Yes. There is a statute of limitations issue, but probably one that can be overcome since you had no way to know until now. The problem is that the damages in these cases tend to be pretty small. Considering the plots are side by side there is not much if anything in the way of damages. What you don't mention, however, is whether your mother is still alive, and if not, where her remains are. If your dad's grave is empty, your dad is in your mom's grave, and your mom is still alive, there really isn't much harm if any done. BUT if your mom has passed away too, your dad is in your mom's grave, and her remains are missing, then that is a much bigger issue. Feel free to repost with more detail or email me directly with all the specifics, and I would be able to give you a more complete answer.

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Answered on 11/04/10, 11:03 am
Joe Marman Law Office of Joseph Marman

We just settled a case exactly like this. We had to sue the mortuary and the County that managed the cemetary. The father's remains were gone when they dug up his gravesite. Case settled for $100,000 for 4 surviving famlily members. Call me at 916-721-3324 or email at [email protected] if you want help. I am in the Sacramento area. Joe Marman

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Answered on 11/04/10, 11:11 am
Kevin B. Murphy Franchise Foundations, APC

As the other attorneys say, you do have a case. It is a question of how much you can prove (or settle for) in damages. Mr. Marman seems to have a great track record, so I suggest you contact this attorney and get some specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Attorney

Franchise Foundations APC

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Answered on 11/04/10, 4:06 pm


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