Chicago Funeral Home Negligence Lawyer

If you suspect funeral home negligence in handling your loved one’s remains, a Chicago funeral home negligence lawyer can help. Our personal injury attorneys work tirelessly to seek justice for surviving family members affected by a negligent funeral home.

What Illinois Laws and Regulations Govern Funeral Homes?

Under Illinois law (225 ILCS 41/), funeral directors and embalmers must be licensed by the state. Cremations are also regulated by state law under the Crematory Regulation Act (410 ILCS 18/) and must also be licensed. The cremating equipment must also be permitted by the Illinois Environmental Protection Agency.

How Do I Avoid Negligence in Funeral and Burial Services?

The Illinois Department of Financial and Professional Regulation (IDFPR) is responsible for licensing and regulating funeral directors and undertakers, ensuring compliance with all legal and ethical standards in the funeral and burial service industry.

The IDFPR recommends that families ask questions of a funeral director when making a decision about how to handle the remains of a loved one. If you suspect negligence, the director may struggle to provide clear answers.

1. Does the Funeral Director Have a License?

The IDFPR regulates funeral directors not the funeral homes themselves. A licensed funeral director will have an Illinois license that begins with 034 or 031.

2. Is the Funeral Director’s License Active?

You can look up a funeral director’s license online to confirm their license is active.

3. Which Funeral Company Will Provide the Services?

By law, the family’s permission is required for removal of their loved one’s remains. A licensed funeral director must have written approval—verbal communication is not enough—to move the body.

4. Are the Funeral Costs in Writing?

Under Illinois law, a funeral director has a legal obligation to provide a written copy of the statement of goods and services, which includes the costs involved and the payment method to be used. It must also be signed by both the funeral director and the person responsible for making the arrangements, such as the personal representative of the deceased’s estate.

What Is Funeral Home Negligence?

Funeral home negligence is any action or inaction by funeral home staff that results in the mishandling, mistreatment, or disrespect of the body of a deceased person or failure to deliver services according to the family’s wishes, causing emotional distress to the bereaved parties.

Examples of Funeral Home Negligence

Examples of negligence by a funeral director or other staff may include:

• Mishandling or misplacing remains: carelessly transporting or preparing the body, leading to damage or desecration
• Lost or misplaced remains: failing to keep proper records, resulting in the misplacement or loss of the body, interment of the wrong body, or burial in the wrong cemetery plot
• Improper embalming: performing embalming poorly, which may lead to rapid decomposition or disfigurement of the body
• Cremation errors: failing to follow the appropriate procedures for cremation, resulting in the wrong cremated remains or mixing of multiple bodies’ remains

How Do I Report Funeral Director Negligence?

To report a negligent funeral director in Illinois, contact the IDFPR primary consumer assistance line at 1-888-473-4858 or visit the IDFPR website to file an online complaint.

Who Can Sue a Funeral Home for Negligence?

Under Illinois law, the surviving spouse or next of kin may file a lawsuit for fair compensation against funeral homes that have caused emotional distress by mishandling or disrespecting the deceased’s remains.

Can a Medical Malpractice or Wrongful Death Case Be Filed Against a Funeral Home?

No. In Illinois, a wrongful death claim or medical malpractice lawsuit can’t be filed for funeral home negligence. This is because these claims require the defendant’s actions to have directly caused the person’s death. Since a funeral home only handles the body after death, its negligence cannot be legally considered the cause of death.

How Does an Attorney Prove a Funeral Service Provider Was Negligent?

To prove a funeral service provider was negligent in Illinois, a plaintiff must show the funeral home owed a legal duty of care to the deceased, breached this duty by acting below the accepted standard, and this specific failure directly caused the plaintiff’s legally recognized harm. The resulting damages can include emotional distress and financial losses (not just physical injury).

What Damages Can Be Recovered in Funeral Home Negligence Cases?

A funeral home negligence lawsuit may seek compensation for damages, including emotional distress (and possibly any medical bills associated with that distress), funeral expenses, burial expenses, and more. In cases of gross negligence, juries can award punitive damages.

How Can a Chicago Funeral Home Negligence Lawyer Help?

When funeral home negligence occurs, seek legal help and representation from an experienced Chicago funeral home negligence attorney. We gather evidence (like medical records and the contract for services), identify those responsible for your loss, and negotiate with insurers for a fair settlement. We help grieving families recover compensation and justice from the responsible parties for their deceased loved one.

We provide legal services on a contingency fee basis. You won’t have to pay any legal fees unless we win your case.

Free Case Evaluation for Funeral Negligence Cases

Call our law firm today for a free consultation. An experienced attorney will explain the legal process and outline your options for taking legal action to prove funeral home negligence.