Serving all of Florida
Miami-Dade, Broward & statewide
I spent 20 years defending insurance companies in crash cases. Now I use everything I learned to fight for you.
— Emanuel Galimidi, former insurance-defense attorney
I am sorry you have any reason to read this page. When a funeral home, cemetery, or crematory fails a family — the wrong person cremated, remains lost or switched, a service that goes wrong in ways no family should have to imagine — Florida law does not look away. Funeral establishments are licensed and regulated under Chapter 497 of the Florida Statutes, and they owe grieving families a duty of care at the most vulnerable moment there is. Families may recover for the emotional harm these failures cause, and where the conduct was grossly careless, the law can require more. These cases are handled quietly, respectfully, and with the discretion your family deserves.
Funeral home negligence
The wrong person is cremated through misidentification, or cremation happens before the family gave its consent. It is irreversible — and it is compensable.
Florida requires written authorization from the legally authorized person — usually the spouse or next of kin — before a cremation may proceed.
A family receives the wrong ashes, remains are misplaced, or the ashes of more than one person are mixed together.
Remains left without refrigeration, decomposition before a viewing, or preparation failures a family discovers at the service itself.
The wrong plot, the wrong casket, headstone mistakes, or disinterment without the family’s permission.
Services that were paid for and never delivered, or prepaid arrangements that are not honored when the moment comes.
Florida law
Funeral homes, cemeteries, and crematories are licensed and regulated by the State of Florida. A breach of those duties supports a civil claim.
The law names a legally authorized person — the spouse, then adult children, then parents — whose consent controls what happens to a loved one’s remains.
Florida courts have long recognized claims for the mishandling of remains. The mental anguish these failures cause is the core of the case, and the law treats it as real.
Negligence claims in Florida must generally be filed within two years. A regulatory complaint to the state can proceed alongside a civil case.
What to do
The contract, receipts, photographs, and every paper the funeral home gave you. Write down what happened while it is fresh.
If the funeral home offers a refund or asks you to sign a release, wait. A signature can end a claim before it is understood.
You will speak with me, not a case manager. The consultation is free, and the conversation is confidential.
You'll talk to a senior attorney who spent 20 years on the other side — not a case manager. No fees or costs unless you recover.
Call 786-442-2873