Sepulcher Rights Lawsuit Lawyers in New York
What Is the Right of Sepulcher?
The "right of sepulcher" dates back hundreds of years in common law. The right of sepulcher is the right to choose and control the burial, cremation, or other final disposition of a human body. Under New York state law, the next of kin of a decedent can commence a lawsuit for a violation of his or her right of sepulcher when a next of kin's right to immediate possession of a decedent's body is interfered with, and the interference causes mental anguish. Our New York sepulcher rights lawsuit attorneys care about your well-being and want to make things right for you and your family.
Have your rights been abused? Call Flanzig & Flanzig, LLP at (866) 794-1112, or contact us online.
How Do Violations Occur?
Interference with one's right of sepulcher can arise under the following circumstances:
- Unauthorized autopsy
- Inadvertent disposition of remains
- Failure to notify next of kin of the death
In New York, the disposition of remains is governed by Public Health Law § 4201; and that “[a]bsent a valid written instrument appointing an agent for that purpose, section 4201 sets forth which individuals shall have priority to make decisions concerning the disposition of remains.”
Exceptions to the Right of Sepulcher
The common-law right of sepulcher cannot infringe upon the expansive authority of the Medical Examiner's Office to discharge its duties in the exercise of its professional discretion.
A medical examiner or coroner has the statutory authority to perform autopsies under certain specified circumstances, including any situations that suggest that death occurred:
- By criminal violence
- By accident
- By suicide
- Suddenly when in apparent health
- When unattended by a physician
- In any suspicious or unusual manner
New York City's Chief Medical Examiner and his or her designees are also expressly authorized to conduct forensic testing, perform pathology, histology, and toxicology testing, and to determine the cause of injuries and/or death. They are further required to notify the appropriate district attorney when, in the judgment of the particular medical examiner, criminality or foul play is indicated. The authority to perform such tests necessarily includes, by implication, the authority to remove organs, tissue samples, and bodily fluids for that specific purpose.
How Flanzig & Flanzig, LLP Can Help
At Flanzig & Flanzig, LLP, we have handled several high-profile loss of sepulcher rights cases. These include the well-known case of the wrongful and negligent disposition of our clients prematurely born baby, which was lost by the hospital and discovered in the commercial laundry. We filed suit against South Nassau Communities Hospital on behalf of the mother. The matter was eventually tried to a six-figure verdict in the Nassau County Supreme Court.
In another matter, we obtained a significant recovery against the City of New York for the failure to notify the family of the death of a loved one. By failing to conduct a proper search, the body was wrongfully buried on Hart Island despite the fact that the family, who lived in the tri-state area, would have taken possession and arrange for a proper family burial. As a result of the failure of the City and the Medical Examiner's office to notify the family the body was placed in a mass grave at Hart Island and ultimately discovered there by the family months later.
An another potential example is a matter where we represented a Brooklyn family in a claim against the New York City Medical Examiner’s Office, Kings County Hospital, and City of New York due to the negligent handling of her deceased son's body.
If you feel that you may have a claim for a violation, call our New York sepulcher rights lawsuit lawyers for a free case evaluation. You can contact us at night or even over the weekend at (866) 794-1112.
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$4.8 Million Settlement for family of 29 Year Old Manhattan Cyclist -
Recovery for Manhattan Pedestrian
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Recovery for Victim of Vespa Crash
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Recovery for Doctor's Failure to Properly Diagnose and Treat Breast Cancer
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Recovery for Victim of September 11th Attack at the World Trade Center
Real People,
REAL RESULTS
- $4.8 Million Settlement for family of 29 Year Old Manhattan Cyclist
- Recovery for Manhattan Pedestrian
- Recovery for Victim of Vespa Crash
- Recovery for Doctor's Failure to Properly Diagnose and Treat Breast Cancer
- Recovery for Victim of September 11th Attack at the World Trade Center
Client Testimonials
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“Went above and beyond to get a favorable settlement”
“Dan and his team were quick to respond after my bike accident and went above and beyond to get a favorable settlement.”- Jared -
“Phenomenal Team!”
The team here is nothing short of phenomenal. I reached out about my case on a Sunday afternoon from the hospital and we spoke before the evening was over. Since then, they have been happy to answer any question I have, and walked me through the entire process from handling my no-fault insurance to ultimately getting a settlement offer.- Conor
To any cyclist in search of a lawyer who understands the challenges of biking in this city, look no further than Daniel and his team. -
“I am grateful to her and her firm for their expertise and diligence.”
Almost 4 years ago I was struck by a delivery truck while on my bike and suffered a shattered wrist. Cathy Flanzig guided me through the process of bringing a suit against the company that owned the truck and the driver. Ms. Flanzig was professional and compassionate and realistic throughout the whole process. I am grateful to her and her firm for their expertise and diligence.- Kathe D. -
“Combination of legal expertise with a compassionate approach”
If you are in search of a lawyer who combines legal expertise with a compassionate approach to client care, look no further than Daniel Flanzig and his team at Flanzig and Flanzig. From start to finish, Daniel not only holds an impressive depth of legal knowledge, especially in bicycle laws, but also a remarkable commitment to achieving the best possible outcome for me. Daniel took the time to thoroughly understand the nuances of my case, patiently listened to my concerns, and provided clear, concise explanations of the legal strategies available. This level of transparency and communication instilled a sense of confidence and reassurance during what was initially a daunting process. I highly recommend him for anyone seeking top-tier legal representation.- Runa R. -
“Supported me since DAY ONE of my 2.5 year journey!”
Daniel Flanzig was with me on DAY ONE of my 2.5 year journey through the fractured legal system following a serious bicycle accident which left me with two broken wrists. The thirteen day hospital stay included surgeries on both, titanium plates implanted on both, and a severe challenge to my mental health and way of life. Unfortunately, I needed two- Marty Keiser
more surgeries on the significantly more damaged right wrist. Dan navigated me through the strained New York City Medical System, still struggling in late 2021 from the wrath of COVID. When the lawsuit needed to be moved to New Jersey, Dan seamlessly transferred the case to Joseph G. Hughes. Both men proved to be upstanding attorneys and outstanding human beings, emotionally invested in my traumatic, drawn-out experience, and committed to reaching the settlement deserved. After matters were resolved by Mr. Hughes, I received a call from Dan, closing this chapter of our time together, but cementing a lifelong connection filled with the utmost respect and gratitude. -
“Helped me through a difficult time with great results!”
I recently suffered a grievous injury being struck by a drunk driver while cycling, when dealing with short-term disability, hospital bills, and all manner of associated paperwork I received care and support from the lawyers at Flanzig & Flanzig. Can't recommend their services enough, they really helped me through a difficult time with great results!- Brandon W. -
“Ever since my accident, they paid close attention to my needs & welcomed any questions.”
- Efren V.Exceptional lawyers with great client services. Ever since my accident they paid close attention to my needs and welcomed any questions. Any issue I had was met with a prompt response via phone or email. They made the process easy and produced results. I would definitely return if I ever needed their services again.
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“Daniel & his team handled all the legal heavy lifting & logistics so that it wouldn’t be burden.”
I could not recommend Flanzig & Flanzig more highly for their expertise, skill, professionalism, and care. After being hit by a car, I was hospitalized for a month due to multiple fractures and surgeries and had to undergo intensive physical therapy—during which time Daniel and his team took care of all the medical billing, insurance claims, and legal paperwork so that my family and I could focus on my recovery. Throughout the duration of the matter, Daniel and his team continued to handle all the legal heavy lifting and logistics/administration so that I wouldn’t be burdened, and Daniel was always communicative and proactive in providing updates and answering my questions. Thanks to Daniel’s work, experience, and capability, I received a much more significant settlement on a much faster timeline than expected. I’ve recommended Flanzig & Flanzig to other friends seeking a personal injury attorney, and I am incredibly grateful to Daniel and his team for their continued work and care. Their time, understanding, and expertise mean so much to me and my family for making an incredibly stressful and taxing situation much easier.- Kathryn L.
