Helping You File A Rights Of Sepulcher Claim

When a family member passes away, the next of kin has a right to the immediate possession of the body. This is known as the right of sepulcher. If another party interferes with your right to take possession of a loved one's remains, you may be entitled to bring a legal claim for your emotional suffering.

The right of sepulcher is deeply rooted in many religious traditions. New York courts have recognized that interference with the ability to properly dispose of a family member's remains can cause mental and emotional anguish. Ramone Law Firm, PLLC, understands the challenges you are facing. I am attorney Simon Q. Ramone, and I am personally dedicated to ensuring your rights are preserved — especially during such a difficult time.

When Can You File A Right Of Sepulcher Claim?

When you have a right of sepulcher claim, you should consult in a lawyer immediately to begin investigation. Oftentimes, governmental entities such as public hospitals or offices of medical examiners are to blame for any mistakes. Filing a claim against these public entities often requires further investigation, and must be done shortly after your rights were violated in order for the claim to be legitimate.

There are several ways your right of sepulcher can be infringed upon, however — by both private and public entities. Some examples of improper disposition include:

  • A funeral home returning the cremated remains of the wrong person
  • A funeral home placing the wrong body in a casket for viewing or burial
  • Cremating a body when a family intended a burial
  • Failing to perform proper embalming techniques, causing the body of the deceased to decompose
  • A hospital failing — for weeks to years — to notify the next of kin that a missing, but deceased, family member has been located
  • Failing to return remains after an autopsy or similar procedure has been performed

If you believe you have been effected by any of these events, do not hesitate to contact my firm in White Plains for a consultation. Call 800-547-3956 today to get started, or reach out online.