QUESTION
If someone else is mistakenly buried in my paid plot next to my parents, do I have a suit against the cemetery to move them?
Asked on Jan 23rd, 2013 on Litigation - Nevada
More details to this question:
If someone else is buried in my plot without my written permission, can I sue to have them removed, and any damages?
13 ANSWERS
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Of course the cemetery will have to make it right. whether you can get some damages for emotional trauma, who knows. Without a doctor to testify about the emotional side I doubt it.
Answered on Jan 29th, 2013 at 8:34 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Yes, you can sue to have the remains removed, but if that is done I do not believe you would have a case for significant damages.
Answered on Jan 28th, 2013 at 10:35 AM
Appellate Attorney serving University Place, WA
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Baner and Baner Law Firm
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Probably there is a suite depending on the "paid plot" contract. You need to consider whether it will be possible to actually get that plot as it would require unearthing another off the top of my head I am thinking the family of that deceased person would need to consent.
Answered on Jan 26th, 2013 at 11:30 PM
Civil Litigation Attorney serving Seattle, WA
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The Law Office of Edmund P. Allen Jr., PLLC
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If you have a valid contract with the cemetery to reserve that plot, and they mistakenly buried someone else there, they should be required to exhume that body and bury it somewhere else.
Answered on Jan 26th, 2013 at 11:28 PM
Complex Litigation Attorney serving Weston, FL
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Schulman Law Group
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They may be trespassing, as odd as that may seem. The cemetery may have committed other inappropriate acts as well. Consult with an attorney.
Answered on Jan 26th, 2013 at 11:28 PM
Michael J. Breczinski
I would think so since you own the plot.
Answered on Jan 26th, 2013 at 11:28 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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From what you have written and depending on the laws of your state, it looks like you have a right to have the deceased person moved from your plot and reburied somewhere else. I suggest that you contact an attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to analyze your case and advise you of your options.
Answered on Jan 25th, 2013 at 10:23 PM
You definitely would have a breach of contract suit and perhaps a tort action [conversion] which would allow for pain and suffering damages. You need to first write the cemetery a demand letter, or have an attorney do so.
Answered on Jan 25th, 2013 at 10:21 PM
Personal Injury Attorney serving New York, NY
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Rothstein Law PLLC
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I am handling 2 cases like this right now.
Answered on Jan 25th, 2013 at 10:20 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Yes, but the statute of limitations is 10 years, so if it's been longer than that, it's too late.
Answered on Jan 25th, 2013 at 10:19 PM
Personal Injury Attorney serving Los Angeles, CA
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Law Office of Malosack Berjis
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You definitely could have, at a minimum, a potential claim for breach of contract. You need to consult with an attorney (preferably with the agreement, showing that the plot in question is yours, in hand).
Answered on Jan 25th, 2013 at 10:17 PM
Christian Joseph Menard
Yes you can sue for beach of contract if your contract with them, and for which you paid, specifically delineated your space number.
Answered on Jan 25th, 2013 at 10:17 PM
Yes. You probably have a contractual right to the plot you purchased. The cemetery should rectify the problem, and you may have damages if you sustained and can prove emotional distress.
Answered on Jan 25th, 2013 at 10:13 PM