Was your loved one cremated in Texas without your permission?
At Greenberg Streich Injury Lawyers, we help Texas families hold funeral homes, crematories, and cemeteries accountable when a loved one’s remains are mishandled.
A wrongful cremation occurs when a funeral home or crematory in Texas cremates a body without valid authorization or against the family’s wishes. When a family loses the chance to bury, view, or independently examine their loved one, Texas law treats this as a real and compensable harm, not a simple service error. A Texas wrongful cremation lawyer can identify who is responsible, whether the authorization was valid, and what a claim is worth. Our attorneys at Greenberg Streich Injury Lawyers have handled serious injury and wrongful death cases across Texas for more than a decade. Reach out for a free, confidential case review.
Wrongful Cremation Lawyer Texas
Cremation is now the most common way Americans handle a loved one’s body. The national cremation rate reached 63.4 percent in 2025, more than double the 31.6 percent burial rate, and the NFDA report projects it will climb to 82.3 percent by 2045. As the number of cremations rises, so does the number of authorization errors, mix-ups, and unauthorized cremations.
Liability in a wrongful cremation case usually rests with the funeral home, crematory, or cemetery that took responsibility for the body. Texas gives the closest surviving family the right to decide how remains are handled, and a provider that disregards that right can be held financially responsible. A wrongful cremation attorney investigates who signed the authorization, whether that person had the authority to do so, and how the error occurred.
Types of Wrongful Cremation Cases We Handle in Texas
Mishandling of a loved one’s remains is inexcusable. Our attorneys handle claims across the range of conduct that falls under funeral, cremation, and cemetery negligence in Texas. Each case is different, and we study the facts before advising on a path forward.
- Unauthorized cremation. A body is cremated without the family’s consent or against the wishes the family clearly expressed. We look at how the authorization failed and who signed off on it.
- Cremation of the wrong body. Sometimes the wrong decedent is cremated, which harms two families at once. Identification errors usually trace back to careless intake, mislabeling, or a rushed process.
- Lost or missing remains. A funeral home or crematory cannot account for a body or a set of ashes. Families are left without answers and without anyone to lay to rest.
- Commingled or mixed-up ashes. Cremated remains from more than one person are combined, so a family cannot be certain whose ashes they received. The uncertainty alone can be devastating.
- Cremation despite a known objection. A provider moves forward even though a family member had objected, or a dispute over who controlled the arrangements was unresolved.
- Fraud used to obtain a cremation. Someone misrepresents their authority, or lies about a decedent’s identity, to have a body released and cremated. These matters can involve deliberate deception rather than a simple mistake.
- Negligent handling before cremation. A body is stored improperly or allowed to deteriorate through neglect before final disposition. The condition of the remains becomes its own source of harm.
- Cemetery errors tied to cremation. Ashes are buried in the wrong plot, lost during a burial, or handled carelessly after the cremation is complete.
Why Choose Greenberg Streich Injury Lawyers as my Wrongful Cremation Lawyer in Texas?
A Trial Record in Serious Texas Cases
Our injury lawyers have tried and resolved some of the most difficult injury and wrongful death cases in the state. Across those matters, our attorneys have recovered millions of dollars for families, including a 37.5 million dollar wrongful death verdict and a 17 million dollar defective products result. Representing families against large institutions is why we started the firm.
Matt Greenberg has practiced for over a decade and has been recognized by Super Lawyers, Lawdragon, and the National Trial Lawyers, and he earned his law degree at Baylor Law. Mike Streich spent nearly a decade representing corporations and insurers before he turned to plaintiff work, which shows him exactly how the other side builds a defense. He graduated cum laude from the University of Houston Law Center.
Contingency Representation
We handle wrongful cremation claims on a contingency basis. There are no attorney fees unless we recover compensation for you. The first consultation is free and stays confidential.
Understanding Wrongful Cremation Cases
Damages, Liability, and Compensation for Wrongful Cremation Cases
Liability in a wrongful cremation case usually turns on negligence. A funeral home, crematory, or cemetery that takes responsibility for a body owes the family a duty to use reasonable care. When a provider breaks that duty and a family suffers as a result, the provider can be held accountable. In some cases more than one party shares fault, such as a facility and an individual who gave false instructions about who could authorize the cremation.
The harm in these cases is grief, shame, and lasting distress over what was done to a loved one’s body. Texas law lets families recover for that emotional harm, much as it does in wrongful death claims. Because there is often no clear financial loss to point to, the strength of the claim rests on how specifically the family can describe that anguish. Compensation can include:
- Mental anguish suffered by the family
- Loss of the ability to bury or memorialize as intended
- Out-of-pocket costs caused by the mishandling
- Additional damages where fraud or malice is involved
Amounts vary widely and depend heavily on the evidence a family can present. A claim backed by records and clear testimony stands on far firmer ground than one built on general upset. Recent Texas legal changes can also affect how a claim is valued, which is one reason early legal advice matters.
What Are Important Aspects of a Wrongful Cremation Case?
A few practical realities shape these cases more than anything else, and understanding them early protects your options.
- Evidence disappears fast. Authorization forms, intake records, and internal messages are the backbone of the claim.
- Deadlines are strict. Most injury and wrongful death claims in Texas must be filed within two years, under the state statute of limitations.
- Records are limited. Funeral establishments keep files for only a set period, so waiting can cost a family the proof it needs.
- Oversight exists. Families can verify a provider’s license and review disciplinary history through the Texas Funeral Service Commission.
Families who suspect misconduct can also file a complaint with state regulators, though that process is separate from a civil claim. Because remains cannot be recovered after cremation, acting sooner protects both the evidence and the family’s options.
What Is The Wrongful Cremation Case Timeline?
Every case moves at its own pace, but most follow a similar path.
- We begin with a free review of what happened and which records exist. This first conversation costs nothing and commits you to nothing.
- We investigate, gathering authorization forms, facility records, and witness accounts. Where a facility resists, we use formal legal tools to obtain what it is holding.
- We identify the responsible parties and file the claim. More than one company is sometimes at fault.
- The parties exchange information through discovery, including depositions and internal documents.
- Many cases resolve by settlement, though we build each one for trial from the start.
Some matters conclude in a matter of months. Others take longer, especially when a provider disputes responsibility. When working with us, our lawyers keep you informed at each stage, and detail what to expect as the case progresses.
What Should You Bring to Your Wrongful Cremation Consultation?
Gathering a few documents helps us evaluate your case at the first meeting.
- Any contract or authorization paperwork signed with the funeral home or crematory
- Receipts, invoices, or written communication with the provider
- A certified death record from Texas vital records
- Names and contact details for everyone involved in the arrangements
At the consultation, we will explain your options in plain terms. Most people leave that first meeting with a clearer sense of whether they have a claim and what the next step would be. There is no cost and no obligation to speak with our firm.
Reach Out to Greenberg Streich Injury Lawyers to Schedule a Consultation
You do not have to sort through the aftermath of a wrongful cremation alone. At Greenberg Streich Injury Lawyers, we help Texas families learn what happened and hold the responsible provider accountable. The consultation is free, and we work on a contingency basis. When you are ready, contact us to talk through your situation with a wrongful cremation lawyer who has experience handling serious civil cases.
