My father passed away in Sept 2014. When we went for the private family viewing the funeral director was using my fathers body as a table. T...

Question

My father passed away in Sept 2014. When we went for the private family viewing the funeral director was using my fathers body as a table. There were boxes and paper work laying on his body. If that wasn't bad enough at a time of loss, I asked about a payment arrangement for my fathers cremation and the funeral director says "no we need the money now or our lights will be shut off". I was totally mortified! I don't understand how someone can treat a grieving family this way! Now I find out that the county coroner who is also the owner of the funeral home, has been arrested for meth. I'm even more mortified! I seen first hand that they didn't care how they treated people, so now im even more scared my Dad's body was mistreated when I wasn't there, since I seen they didn't care while I was! I have worked hard on trying to get over the hurt and pain of all this happening. It's not working! Can I file a suit against them for mental suffering over this?

Answer

There are few things under the Sun that cannot be the basis of a civil law suit. The issue, is will the case survive a Motion to Dismiss or one for Summary Judgement? For an attorney to evaluate the case, they might also look at whether the amount or likelihood of collection will support taking the case on a contingent fee basis. Few cases get turned down for a client willing to pay by the hour. I am very sorry to hear about your Father's passing and the mistreatment of his remains. If your emotional damages are quantifiable, and substantial you might find an attorney to take such a case. But, since the amount of therapy bills you've encountered may be low, and the defendant (a meth user) may have few liquid assets, they might not take it without you paying as you go. But, the funeral home may be owned by a corporation, that could pay a significant settlement or judgement. Many have insurance policies that pay for tort damage but not light bills. I suggest that you gather your therapy bills and other documents and meet directly with a civil practice attorney in your area. Many offer a free or low cost initial consultation.

Good luck