Legal Question in Legal Ethics in New York

Funeral Home Mishap

My mother recently passed away (last week). The Funeral Home we hired to handle the Wake/viewing and Interment misplaced the body. We had scheduled a viewing for both Saturday and Sunday, with the funeral being held Monday morning. We were not informed of their mishap until Saturday at 7:00PM (near the end of the first wake). So, for both days there was not body to view. We are going to sue. What our are rights and what is the amount we should sue for?

Thank you!


Asked on 6/10/01, 11:24 am

1 Answer from Attorneys
Kenneth J. Ashman Ashman Law Offices, LLC

Re: Funeral Home Mishap

I'm am sorry to hear of both the loss of your mother and the funeral home's insensitive handling of the service regarding her death. In my view, you most certainly have valid claims against the funeral home, not the least of which is a negligence claim, emotional distress and one for breach of contract.

You would be well advised to seek legal counsel.

Best wishes,

-- Kenneth J. Ashman; Ashman Law Offices, LLC; offices in both NY & Chgo; 312-648-1700

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Answered on 8/24/01, 4:46 pm


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