Funeral and Burial Expenses After a Car Accident

Funeral and burial expenses after a car accident can place a sudden and unexpected financial burden on grieving families. Losing a loved one in a fatal crash is devastating, and in addition to coping with that loss, survivors are often left to cover the high costs of end-of-life services.

In Illinois, if another party’s negligence caused the accident, families have the right to pursue a wrongful death claim. This includes seeking compensation for funeral and burial costs, along with other losses such as medical bills and emotional suffering.

Our car accident law firm in Chicago supports families through these painful moments. We’re here to help you seek justice and secure the compensation needed to cover every aspect of your loss, so you can focus on healing.

The Unexpected Financial Burden of Funeral and Burial Costs

After a fatal crash, families often face immediate pressure to arrange a funeral service and burial with little time or resources. The financial impact can be overwhelming. On average, funeral costs and average end-of-life expenses in Illinois are up to $20.681 or more, depending on the choices made. These costs may be even higher for sudden, traumatic deaths.

Without warning, surviving family members must cover burial expenses, make arrangements with a funeral home, and pay for memorials, caskets, or cremation—all while managing their grief. For many, the only way to obtain financial relief is through a lawsuit against the responsible party.

What Costs Do Funeral Expenses Typically Include?

Funeral and burial expenses after a car crash can encompass many services, each carrying its own cost. These may include:

• Casket or urn
• Burial plot or interment fees
• Embalming and body preparation
• Funeral home facility fees and staff services
• Transportation (hearse, family transport)
• Memorial service expenses and printed materials
• Clergy or officiant fees
• Floral arrangements and headstone
• Certified copies of the death certificate
• Burial vault or grave liner

These funeral and burial services are vital for honoring your loved one, but they shouldn’t become a long-term financial burden if another party is responsible.

Who Pays for Funeral and Burial After a Fatal Crash in Illinois?

Initially, the deceased person’s spouse, children, or estate may cover funeral and burial expenses out of pocket. However, if another driver’s reckless behavior caused the fatal accident, Illinois law allows the family to claim compensation.

After a fatal car accident, legal action is typically pursued against the driver’s insurance company when they are at fault. If liability is established, the insurance company has a legal obligation to cover funeral costs and other damages through a settlement or wrongful death verdict.

Illinois Wrongful Death: Seeking Justice for Family Members

A claim involving a death in wrongful circumstances is a civil action filed when someone’s death is the result of another party’s negligence. These cases often involve situations such as auto accidents, workplace injuries, or medical malpractice. In a fatal car accident, the claim seeks to win compensation for losses experienced by surviving family members of the accident victims.

These are not criminal cases. Instead, they aim to provide financial compensation for the economic and emotional damage caused by a loved one’s death.

Who is Eligible to File a Wrongful Death Claim in Illinois?

In Illinois, only the deceased’s personal representative can file a lawsuit. This person may be:

• Named in the deceased’s will
• Appointed by the court (often a surviving spouse or adult child)

The personal representative files the claim on behalf of the deceased person’s spouse, children, and other next of kin. The compensation awarded is distributed to eligible family members in line with state law.

The Role of the At-Fault Driver’s Insurance Policy

In most liability cases following a fatality, the first source of payment is the driver’s liability insurance policy when they are at fault. If their policy limits are too low to cover the full damages—including funeral and burial costs—additional compensation may be sought through:

• The driver’s personal assets
• An underinsured motorist policy, if applicable
• Potential third parties (e.g., employers, manufacturers), if their negligence contributed

Your personal injury attorney can investigate all available coverage options.

Recovering Compensation Beyond Funeral Costs

While funeral expenses are a major part of a case involving a fatality, they are not the only damages recoverable. Illinois law allows surviving family members to be compensated for both economic and non-economic losses tied to their loved one’s death.

Economic Losses Family Members Can Claim

These include measurable financial losses such as:

• Funeral and burial costs
• Medical bills related to the fatal injuries
• Medical malpractice in cases of fatality as a result of negligence in treatment
• Loss of income that the deceased would have earned
• Loss of employment benefits (health insurance, retirement plans)
• Loss of financial contributions to the household

Non-Economic Losses: Accounting for Grief and Lost Companionship

In addition, families can claim compensation for emotional and intangible losses:

• Pain and suffering, grief, and sorrow
• Loss of companionship and affection
• Loss of parental guidance and mentorship
• Loss of consortium for a surviving spouse

While these losses are harder to quantify, they are no less real and often form a major part of a wrongful death lawsuit.

Proving Fault in a Fatal Car Accident Lawsuit

To succeed in bringing a case for compensation following the death of an accident victim, your attorney must show that someone else’s negligence caused the fatal car crash. Common examples include:

• Speeding, especially in residential zones or near intersections
• Distracted driving, such as texting, using a GPS, eating, or adjusting the radio
• Driving under the influence of alcohol, drugs, or impairing medications
• Running red lights or stop signs
• Failing to yield the right of way at intersections or when merging
• Aggressive driving, including tailgating or weaving through traffic
• Fatigued or drowsy driving, leading to slowed reaction time or falling asleep at the wheel
• Improper lane changes, such as failing to signal or checking blind spots
• Reckless driving, including racing or knowingly endangering others
• Ignoring traffic signals, pedestrian crossings, or school zones
• Poor vehicle maintenance, such as driving with faulty brakes, bald tires, or broken lights
• Driving too fast for conditions, such as during heavy rain, snow, fog, or icy roads

Evidence may include police reports, witness statements, surveillance video, accident reconstruction, and more.

Illinois Statute of Limitations: Time Limit to File a Wrongful Death Case

Under Illinois law, cases of death in wrongful circumstances must generally be filed within two years of the person’s death. This statute of limitations is strict—waiting too long may forfeit your right to seek compensation.

Prompt legal guidance helps preserve evidence, appoint a personal representative, and protect your right to recover damages.

Why You Need an Experienced Chicago Wrongful Death Lawyer

Handling a wrongful death lawsuit requires more than compassion—it demands knowledge of Illinois law, insurance claim procedures, and the legal process of probate. A skilled personal injury lawyer can help:

• File for the appointment of a personal representative.
• Investigate the incident and the accident scene thoroughly.
• Assess the full scope of damages, including burial costs and associated personal injury claims.
• Negotiate with the insurance company.
• File a lawsuit if needed and represent your case in court.

With so much at stake, trust an attorney with experience in fatalities and who understands how to guide families through these complex and emotional cases.

How Our Law Firm Helps Families Recover Compensation

At Rosenfeld Injury Lawyers, we know that no legal outcome can undo the pain of losing someone you love. But we also know how vital it is for accident victims’ families to receive justice and the support they need.

We take a compassionate, thorough approach to every case. Our legal team works closely with families to handle every aspect of the process—from investigating the car crash and dealing with the insurance company to calculating damages and covering funeral costs in your settlement.

Frequently Asked Questions About Funeral Costs & Wrongful Death

Can Immediate Family Members File the Wrongful Death Claim Directly?

Not directly. Under Illinois law, only the deceased’s personal representative (appointed through a will or court) can legally file a claim.

What if the Driver At Fault Has Minimal Insurance Coverage?

If the driver who was found to be at fault has insufficient insurance, then your lawyer can explore other sources of compensation. These other avenues are likely to include underinsured motorist coverage, the driver’s personal assets, or third-party liability.

How Long Do Cases of Wrongful Death Usually Take to Resolve?

Every case is different, but many cases involving a fatality (like personal injury cases) take several months to over a year to resolve, depending on complexity, available evidence, and whether the case goes to trial.

What is a Survival Action and How Does it Relate to a Wrongful Death Case?

A survival action is a separate legal claim for damages the deceased person could have claimed had they survived, such as medical bills and pain and suffering before death. It is often filed alongside a case of death in wrongful circumstances.

Book a Free Consultation

If you’ve lost a loved one in a fatal car crash, we are here to support you. Our Chicago-based wrongful death lawyers offer a free consultation to explain your rights and help you navigate this painful and complex time.

We handle cases on a contingency fee basis, which means you pay nothing unless we win your case. Let us help you honor your loved one’s memory and pursue the financial compensation your family deserves. Contact our office today to speak with a compassionate and experienced personal injury attorney.

Call (888) 424-5757 or fill out our online form.

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.