Chicago Funeral Home Negligence Lawyer 

When a loved one passes away, families trust funeral homes to handle everything with care and respect. Unfortunately, mistakes and negligence do happen, leading to additional pain during an already difficult time. If you suspect negligence, a funeral home negligence lawyer can help you understand your rights.

Bereaved families rely on funeral homes to properly care for and prepare their loved ones before transporting them to their final resting place. No one ever expects their deceased loved one to be treated negligently during the process. Yet, mistakes and negligence occur fairly often.

When a funeral home makes cremation errors or combines multiple bodies in one coffin, they may have a legal obligation to the family. The family can file a lawsuit against the funeral home for their wrongdoing.

Rosenfeld Injury Lawyers offers a free consultation to family members who believe their deceased loved one may have been mistreated by a funeral director or home.

Should You Hire a Funeral Home Negligence Attorney?

If your loved one’s remains have been mishandled in any way, hiring an experienced attorney can help. A lawyer understands the laws that apply and can guide you through the process of holding the responsible parties accountable. They’ll gather evidence, negotiate with the facility, and work to secure compensation to address your losses and emotional distress.   

Understanding Funeral Home Negligence 

Negligence occurs when a nursing home or licensed funeral director fails to provide appropriate funeral and burial services. This can lead to legal action. Common negligence in these situations include:     

• Improper embalming
• Mishandling of the corpse
• Combining ashes
• Delivery of the wrong body
• Robbing the deceased
• Sexually abusing the deceased’s remains
• Failure to handle a loved one’s body with care
• Wrongful cremation against family’s wishes and without family permission 
• Giving the wrong cremated remains and other cremation errors

Funeral home negligence can stem from poor training, understaffing, or improper policies.   

Can You Sue a Funeral Home for Negligence?

Yes, these facilities and staff members can be sued for negligence. If licensed funeral directors or staff fail to deliver services appropriately, grieving families may have the legal right to file a claim. Claims can typically be filed by a personal representative on behalf of surviving spouses, children, and parents.     

Illinois Laws Governing Funeral and Burial Services

Illinois laws ensure proper care and standards. Funeral directors, embalmers, and crematories must be licensed and follow rules set by organizations like the Illinois Department of Financial and Professional Regulation (IDFPR).   

Laws such as the Funeral Directors and Embalmers Licensing Code (225 ILCS 41/) and the Crematory Regulation Act (410 ILCS 18/) establish guidelines for handling a loved one’s remains, services, and cremations to protect families and maintain respectful treatment. 

Proving Funeral Home or Funeral Director Negligence

Funeral home negligence requires proving the following four elements:

• Duty of care: Prove the company owed a duty of care, which exists if they were hired to handle your loved one.   
• Breach of duty: Show the funeral home’s actions failed to meet this obligation.
• Causation: Provide evidence linking the funeral home’s actions to neglect or abuse. 
• Damages: Demonstrate how the family was harmed by showing damages.  

Our attorneys investigate thoroughly, gathering evidence such as invoices, witness statements, expert testimony, and photographs to strengthen your claim.

Why Contact a Lawyer if You Suspect Funeral Home Negligence 

Navigating this type of case can be complex. Here’s how our law firm can help: 

• Investigation: We gather evidence to identify negligence or abuse of a loved one’s remains.   
• Insurance Negotiation: Our team communicates with insurers to secure compensation for losses and actions that caused emotional distress. 
• Court Representation: If a fair settlement isn’t reached, we will represent you in court. 

If you suspect funeral home negligence, we’re here for you and your family. Contact us to schedule a free case evaluation. 

Damages Funeral Negligence Lawyers Can Help You Recover    

Economic damages may include funeral costs, personal property replacement, transportation fees, and wage losses. Non-economic damages cover emotional distress, mental anguish, and pain and suffering. Punitive damages punish extreme negligence, allowing for significant awards in severe funeral service negligence cases.   

The Value of a Funeral Negligence Case  

The value of your funeral home negligence case depends on a few primary factors, including: 

• Severity of case: The abuse your loved one endured will factor into your compensation.
• Damages: Your and your family’s damages also determine the value. 
• Contractual agreements: The existence or breach of any contractual agreements can also affect the value. 

Our Illinois negligence lawyers ensure families receive fair compensation under Illinois law. We calculate case value and represent you in court to secure justice and make sure you know your legal options.       

Contact a Funeral Home Negligence Law Firm For a Free Case   Evaluation

You place an enormous amount of trust in the funeral home you choose for your loved one. When mistakes are made in the initial burial or any other stage, it can lead to expensive consequences and cause emotional distress.     

Illinois law allows families to seek compensation if their loved one was the victim of funeral home negligence. Proving funeral home negligence isn’t always easy, but a successful claim can provide you and your family with the compensation you need for a proper funeral procession.   

Rosenfeld Injury Lawyers help families seek justice and compensation following negligence from funeral home staff. We offer legal services on a contingency fee basis, which means you don’t pay anything unless our personal injury law firm wins your case. Call us today at or fill out our online form to have one of our lawyers contact you.   

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.