If you suspect funeral home negligence in handling your deceased loved one’s remains, a Milwaukee funeral home negligence lawyer can help. Our personal injury attorneys work tirelessly to seek justice and emotional support for surviving family members affected by a negligent funeral home.
In this Article
What Laws Apply to Wisconsin Funeral Homes?
In Wisconsin, funeral homes and directors are governed by state and federal laws to ensure professional and ethical standards. These regulations are primarily overseen by the Wisconsin Funeral Directors Examining Board, which is part of the Department of Safety and Professional Services (DSPS).
Key regulations include:
- Wisconsin Statute Chapter 445: This is the main state law for funeral directors and establishments.
- Wisconsin Administrative Code Chapters FD 1–6: These rules cover day-to-day operations, licensing requirements, and professional conduct.
- The Federal Trade Commission (FTC) “Funeral Rule”: This federal law ensures consumer protection by requiring funeral homes to provide an itemized price list, allowing you to choose only the goods and services you want.
How Do I Avoid Negligence in Funeral and Burial Services?
To avoid negligence in funeral and burial services, it’s important to know your legal rights. In Wisconsin, the DSPS and the Funeral Directors Examining Board license and regulate funeral homes. They ensure that these establishments follow all state laws and ethical standards.
The DSPS suggests asking funeral directors detailed questions when you are making arrangements. If a director is unable to give you clear answers or provide a breakdown of costs as required by law, it could be a sign of negligence.
1. Does the Funeral Director Have a License?
Unlike some states that only regulate individual directors, the Wisconsin Funeral Directors Examining Board regulates and issues credentials to both the individual funeral directors and physical funeral establishments. A licensed individual in Wisconsin will hold a specific credential from the DSPS.
2. Is the Funeral Director’s License Active?
You can use the Wisconsin LicensE license lookup portal to instantly confirm if both the funeral director’s individual license and the establishment’s permit are active and in good standing. In Wisconsin, these licenses must be renewed every two years and require continuing education.
3. Which Funeral Company Will Provide the Services?
By Wisconsin law, independent or “freelance” funeral directing is prohibited; a licensed director must be an owner or employee of an establishment that holds a valid state-issued permit. Furthermore, a funeral director cannot legally embalm or remove a body without clear, authorized permission from the legal next of kin or authorization from a coroner/medical examiner if a crime is suspected.
4. Are the Funeral Costs in Writing?
Under the FTC’s Funeral Rule and Wisconsin state ethics standards, a funeral home has a legal obligation to provide you with an itemized general price list (GPL) before you discuss any specific funeral arrangements. Once selections are made, the director must provide a written, signed statement of goods and services selected, detailing all final costs, cash advance items, and payment terms before the services take place.
What Is Funeral Home Negligence?
Funeral home negligence occurs when any action or inaction by funeral home staff results in the mishandling, mistreatment, or disrespect of the body of a deceased person. It can also include failure to deliver services according to the family’s wishes, causing emotional distress to the bereaved parties.
Examples of Funeral Home Negligence
Examples of negligence by a funeral director or other staff may include:
- Mishandling or misplacing remains: improper storage or carelessly transporting or preparing the body, leading to damage or desecration
- Lost, misplaced, or wrongful burial of remains: failing to keep proper records, resulting in the misplacement or loss of the body, interment of the wrong body, or burial in the wrong cemetery plot
- Improper embalming: performing embalming poorly, which may lead to rapid decomposition or disfigurement of the body
- Cremation errors: failing to follow the appropriate procedures for cremation, resulting in the wrong cremated remains or mixing of multiple bodies’ remains
- Employing unlicensed or unqualified staff
How Do I Report Funeral Director Negligence in Wisconsin?
To report a negligent funeral director or establishment in Wisconsin, you must file a formal complaint with the DSPS. You can file a report by using the Wisconsin DSPS online complaint portal or by calling the DSPS primary consumer assistance and enforcement intake line at (608) 266-2112.
Who Can File a Funeral Home Negligence Lawsuit in Wisconsin?
In Wisconsin, the person who can sue a funeral home for negligence is typically the individual who holds the right to control the final disposition of the remains or who signed the service contract.
For funeral home negligence claims of emotional distress due to mishandling a body, the right to sue follows a specific order:
- The person legally designated by the deceased (authorization agent)
- The surviving spouse or domestic partner
- The surviving adult children
- The surviving parents
- The surviving adult siblings
The personal representative of the deceased’s estate may also have the right to sue.
Can a Medical Malpractice or Wrongful Death Case Be Filed Against a Funeral Home?
No. In Wisconsin, you cannot file a wrongful death claim or a medical malpractice lawsuit for funeral home negligence.
Under Wisconsin Statute § 895.03, a wrongful death must be caused by the defendant’s negligent act. Since a funeral home only handles the deceased person’s body after death, its actions cannot be the cause of death.
How Does an Attorney Prove a Funeral Service Provider Was Negligent?
To prove a funeral service provider was negligent in Wisconsin, a plaintiff must show:
- The funeral home owed a legal duty of care to the deceased.
- The funeral home failed to uphold this duty by acting below the accepted standard.
- When the funeral home breached that duty, that specific failure directly caused the plaintiff’s legally recognized harm.
The resulting damages can include emotional distress and financial losses (not just physical injury).
What Financial Compensation Can Be Recovered in Funeral Home Negligence Cases?
If your family has been impacted by funeral home negligence in Wisconsin, you may be entitled to seek compensation for the resulting emotional and financial damages. Wisconsin law permits you to seek damages for severe emotional distress caused by the mishandling of a deceased’s remains, even without a physical injury. This can include the medical bills for therapy or psychiatric care needed to cope with the emotional trauma and lost wages from time away from work spent dealing with the situation.
You can also seek a refund for funeral services that were not provided correctly and fair compensation for corrective costs, such as reburial. In cases of severe misconduct, a jury may also award punitive damages—which are capped under Wisconsin Statute § 895.043—when gross negligence occurred.
How Can a Milwaukee Funeral Home Negligence Lawyer Help?
If you suspect negligence in a funeral home’s actions, seek representation from an experienced Milwaukee funeral home negligence attorney. We gather evidence (like medical records and the contract to provide agreed-upon services), identify those responsible for your loss, and negotiate with insurers for a fair settlement. We help grieving families recover compensation from the responsible parties.
We provide legal services on a contingency fee basis. You won’t have to pay any legal fees unless we win your case.
Free Case Evaluation for Funeral Negligence Cases
Call our law firm today for a free consultation. An experienced attorney will explain the legal process and outline your legal options for pursuing justice.
(312) 223-1700