Do I have a claim if the funeral home cremates the wrong body? Do I have a claim if the cemetery or funeral home makes a mistake? If the wrong body is cremated, you may have a claim for damages or compensation against the funeral home or cemetery responsible for the mistake. In many cases, the family of the deceased may be entitled to compensation for emotional distress, mental anguish, or other damages resulting from the mistake. Additionally, the funeral home, crematorium, or other parties involved in the handling of the body may be liable for negligence or breach of contract. If you believe that the wrong body has been cremated, it is important to speak with Henry Gare Personal Injury Attorney as soon as possible (904) 387-6101. All consultations are free and confidential. Call Henry Gare Personal Injury Attorney today 904-387-6101 for a free legal consultation.