If you suspect funeral home negligence in the handling of your loved one’s remains, a Chicago funeral home negligence lawyer at The Kryder Law Group, LLC Accident and Injury Lawyers is here to help. Each experienced attorney in our personal injury law firm works tirelessly for justice on behalf of those affected by the funeral home’s actions or negligence.
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 be permitted by the Illinois Environmental Protection Agency.
Negligence in Funeral and Burial Services
The Illinois Department of Financial and Professional Regulation (IDFPR) is responsible for the licensure and regulation of funeral directors and undertakers, ensuring compliance with various legal and ethical standards within the industry.
They recommend that families ask these questions of a funeral director when making a decision about how to handle the remains of a loved one. It is possible that the funeral director that you suspect of negligence will be unable to answer these questions.
Does the Funeral Director Have a License?
The IDFPR regulates funeral directors, not funeral homes themselves. A licensed funeral director will have an Illinois license that begins with 034 or 031.
Is the Funeral Director’s License Active?
You can look up a funeral director’s license online to confirm their license is active.
Which Funeral Establishment 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, not only verbal communication to move the body.
Is the Cost of Funeral Services in Writing?
Under Illinois law, a funeral director must provide a written copy of the statement of goods and services which includes the price and payment method. It must also be signed by both the funeral director and the person responsible for making the arrangements.
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, loss, or interment of the wrong body or burial in the wrong cemetery plot.
- Improper Embalming: Performing embalming poorly, which can 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 remains.
How Do I Report Funeral Director Negligence?
To report a negligent funeral director in Illinois, contact the IDFPR division responsible for funeral negligence and professional regulation at 1-800-560-6420 or visit IDFPR’s website to file a complaint online, ensuring proper action is taken to address the misconduct.
Who Can File a Funeral Home Negligence Lawsuit?
Under Illinois law, the surviving spouse or next of kin may file a lawsuit against funeral homes that have caused emotional distress by mishandling or disrespecting the deceased’s remains.
If there are no living family members, other individuals who were significantly affected by the funeral home’s actions, such as close friends or financial dependents of deceased person, may also be able to file a lawsuit.
What Damages Can Be Recovered in a Funeral Home Negligence Lawsuit?
A funeral home negligence lawsuit may result in compensation for damages in funeral negligence cases including emotional distress, funeral expenses, lost wages, loss of personal property, and more.
How Can a Chicago Funeral Home Negligence Lawyer Help?
If you believe that you have been a victim of funeral home negligence, it is essential to seek legal representation from an experienced Chicago funeral home negligence attorney who can seek justice for your grieving family and prove funeral home negligence.
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