There are a lot of emotions involved with funeral services. They are extremely important to the loved ones of the deceased who understandably want everything to go as expected. Because if things go wrong it can be a huge disappointment and even cause significant distress for the family.
When things go horribly wrong the family may choose to sue the funeral home for mental anguish damages.
Senate Bill 2027 focuses on mental anguish damages, effectively making it more difficult to sue funeral homes and limiting the amount of damages that can be received. It’s something that consumers need to be aware of as they compare funeral homes looking for the provider they can trust the most.
The bill comes amid a few incidents in Texas involving funeral homes violating regulations and mishandling bodies. The state recently shut down the East Plano Islamic Center’s (EPIC) mosque, and the Texas Funeral Service Commission (TFSC) immediately closed the Richardson Mortuary in Houston for a number of serious violations involving mishandling remains.
In the wake of that incident, it is a little concerning that Senate Bill 2027 would limit the liability of funeral homes that make such egregious violations. Here’s what Texans need to know and why it’s more important than ever to choose a reputable funeral home.
What Texas Senate Bill 2027 Specifies
Texas is a business-friendly state, so it isn’t surprising that the Senate is looking to protect funeral homes from frivolous lawsuits. The question is whether Senate Bill 2027 goes too far in one direction.
Maximum Reward For Mental Anguish Damages
Probably the most important point of Senate Bill 2027 is that it sets a cap on mental anguish damages. The bill, which was introduced by Senator Donna Campbell, would limit the damages to a maximum of either $50,000 or three times the amount paid for the funeral services – whichever is the lesser amount. In other words, Senator Campbell is capping mental anguish at $50,000.
While that may seem like a lot, it’s a small fraction of what was just awarded in a recent case. Three children were awarded $1 million in damages after their mother’s urn was destroyed along with the cremains. There’s also an ongoing case in which family members have sued a San Antonio funeral home for $3.6 million in damages after their mother’s body was accidentally switched. It’s currently being settled.
With a number of cases underway and juries awarding $1+ million in damages, it’s easy to argue Senate Bill 2027 is protecting businesses more than consumers. Something else to keep in mind is this is a liability cap. If there’s more than one person on the claim the money is split among them.
What the Claimant Must Prove
There’s another aspect to the bill that works in favor of funeral homes more than consumers. In order for a claimant to receive anything in damages they must prove a number of points:
- The funeral home acted inappropriately causing damage.
- Had the funeral home acted appropriately the damage wouldn’t have occurred.
- The damage caused the claimant mental anguish.
- The funeral home should have foreseen their actions could cause emotional harm.
The last point is somewhat questionable given the difficulty of proving it. It opens the door for funeral homes to come up with all sorts of reasons why they didn’t know something would be that distressful to a person.
The burden is really on consumers, but given that it’s a lawsuit, these are checks and balances worth having in place. Frivolous lawsuits do occur, and if someone makes a claim they need to be able to produce evidence to support it.
The point here for consumers is to be sure everything is well documented when you are working with a funeral home. If things seem to be mishandled, document that in detail as well.
Consumers Need to Careful About the Death Care Providers They Work With
The key takeaway is that consumers in Texas need to be even more careful in their death care selections since it may soon be more difficult to get damages if things go wrong. At the end of the day, $50,000 is a few thousand shy of the average annual salary in Texas. If a person suffers serious mental distress from the actions of a funeral home it could impact their ability to work for some time.
While Senator Campbell’s motivation for putting the bill forth is unclear, the legislation comes as more heavily funded corporate-owned funeral homes move into Texas. It is certain that they are happy to see the protections that the bill puts in place for their businesses. With millions of dollars set aside for legal expenses, $50,000 is a small price to pay for making an irreversible mistake that should have been avoided.
Another unknown is how third-party service providers come into play. Many funeral homes use third-party service providers to handle aspects of the process. Sometimes it can be negligence on their part that leads to distress for the family. It’s uncertain how these issues will be handled.
To us, the biggest issue with Senate Bill 2027 is that it’s one-size-fits-all. These are highly personal matters. There needs to be room for treating each case individually, as it’s done now. That is what every Texan deserves when they are dealing with death care.
Texans can trust that Cremation.Green will look out for their best interest and provide exemplary services that follow proper procedures at all times. We have a great track record after many years of service because we truly care about the families we serve.
If you’d like to work with a responsible, caring funeral home in Texas you can give us a call, text or email at any time.