Funeral and Burial Expenses: Who Pays?

Award-Winning Illinois Wrongful Death Attorneys for Families of Fatal Accident Victims

At John J. Malm & Associates, we represent families throughout Illinois who have tragically lost loved ones due to negligence, recklessness, or intentional misconduct. The aftermath of a wrongful death is emotionally overwhelming, and the financial burden can be equally devastating. Among the many expenses grieving families face are funeral and burial costs, which often arise unexpectedly and can total thousands of dollars.

Illinois law provides a legal remedy for these expenses through a wrongful death claim. If you have lost a family member due to someone else’s negligence, you may be entitled to recover the full cost of funeral and burial services, in addition to other damages. Our experienced Illinois fatal accident attorneys are here to help you understand your rights, build a strong case, and secure the compensation you and your family deserve.

Understanding Wrongful Death Claims in Illinois

A wrongful death occurs when someone dies as a result of another person’s negligence or wrongful act. In Illinois, the legal basis for a wrongful death claim is found in the Illinois Wrongful Death Act (740 ILCS 180/), which allows the deceased’s next of kin to recover damages for the loss of a loved one.

The claim must be brought by the personal representative of the deceased’s estate, and damages are awarded to the surviving spouse, children, or next of kin.

Common Causes of Wrongful Death Claims:

• Car, truck, or motorcycle accidents
• Medical malpractice
• Nursing home neglect or abuse
• Workplace accidents
• Defective products
• Criminal acts (e.g., homicide or assault)

Wrongful death claims can include a range of compensable damages—including economic losses such as funeral and burial expenses.

Are Funeral and Burial Expenses Recoverable in an Illinois Wrongful Death Claim?

Yes. Illinois law specifically permits recovery of reasonable funeral and burial expenses as part of a wrongful death claim. Under the Illinois Wrongful Death Act (740 ILCS 180/2), damages may include:

“…pecuniary injuries resulting from such death, including damages for grief, sorrow, and mental suffering, and reasonable funeral expenses…”

These expenses are considered part of the economic damages that surviving family members may recover through a wrongful death lawsuit.

What Are “Reasonable” Funeral and Burial Expenses?

Illinois courts recognize that funerals are deeply personal, cultural, and religious experiences, and “reasonable” expenses are assessed on a case-by-case basis. However, courts will generally consider the cost of services that are typical and customary for the deceased’s community, background, and station in life.

Funeral Expenses May Include:

• Funeral home services
• Casket or urn
• Embalming and preparation of remains
• Memorial services
• Hearse or transportation
• Religious or spiritual officiant

Burial or Cremation Expenses May Include:

• Cemetery plot or mausoleum space
• Headstone or grave marker
• Vault or burial container
• Cremation services
• Interment costs

In Illinois, these costs can range from $7,000 to $15,000 or more, depending on the location and type of services selected.

Average Cost of a Funeral in Illinois

According to the National Funeral Directors Association, the average cost of a funeral with burial in the Midwest was $8,772 in 2023. A funeral with cremation averaged $6,281 in the same year.

Estimated Costs Breakdown (2023 Midwest Average):

• Basic services fee: $2,500
• Embalming: $775
• Facility and staff for ceremony: $515
• Casket (metal): $2,500
• Vault: $1,695
• Transportation and hearse: $500–$600
• Printed materials and obituary notices: $175+

These expenses may be even higher in urban areas such as Chicago or Naperville, where cemetery space is limited and funeral services are more expensive.

Who Pays for the Funeral Before a Wrongful Death Settlement?

In most cases, funeral expenses must be paid upfront by family members, often using:

• The deceased’s life insurance proceeds
• Out-of-pocket payments by surviving relatives
• Credit cards or loans
• Contributions from religious or community groups
• Crowdfunding (e.g., GoFundMe)

However, once a wrongful death claim is filed and resolved—either through settlement or trial—these expenses can be reimbursed to the person(s) who initially paid them.

Proving Funeral and Burial Expenses in a Wrongful Death Lawsuit

To successfully recover these expenses, claimants must provide documentation showing:

1. The amount paid
2. Who paid for it
3. That the expenses were necessary and reasonable

Supporting Documentation May Include:

• Itemized funeral home invoices
• Cemetery contracts
• Receipts for cremation or interment services
• Proof of payment (checks, credit card statements)
• Affidavits from the payor or personal representative
• Testimony from funeral directors

Our Illinois personal injury firm works with clients to organize and present these records in a way that maximizes recovery.

Can Funeral Expenses Be Reimbursed Separately in a Survival Action?

Yes. Illinois law allows for a survival action (755 ILCS 5/27-6), which is a separate legal claim that allows the estate to recover damages the deceased could have pursued had they survived. Funeral and burial costs may also be claimed in a survival action—particularly when the deceased’s estate initially paid for those expenses.

The key difference is:

• A wrongful death claim compensates surviving family members.
• Survival action compensates the estate for losses suffered by the decedent prior to death.

Funeral and burial expenses can fall under either category, depending on who paid for them and how the claim is structured.

Additional Recoverable Damages in a Wrongful Death Case

In addition to funeral and burial costs, wrongful death claimants may be entitled to:

• Medical expenses prior to death
• Lost income and benefits (past and future)
• Loss of consortium, companionship, or parental guidance
• Pain and suffering before death
• Grief, sorrow, and mental suffering of the surviving family

Each case is unique, and the total value of a claim depends on many factors, including the deceased’s age, income, health, and relationship to the survivors.

What If There Is a Dispute Over Funeral Expenses?

Sometimes disputes arise between family members, insurance carriers, or estate representatives over the amount or propriety of certain funeral costs.

Disputes may include:

• Disagreement about whether expenses were reasonable
• Multiple parties seeking reimbursement for the same costs
• Disputes between the surviving spouse and adult children
• Allegations of mismanagement by the personal representative

Our firm has experience navigating these complex issues and ensuring that funeral expenses are fairly and lawfully reimbursed in wrongful death settlements.

Statute of Limitations for Filing a Wrongful Death Claim in Illinois

Under Illinois law, a wrongful death lawsuit must generally be filed within two years of the date of death (740 ILCS 180/2(d)). However, exceptions may apply in cases involving:

• Medical malpractice (where discovery of negligence is delayed)
• Minors (where tolling provisions may extend the deadline)
• Criminal conduct (where the claim may be extended under certain conditions)

Failing to file within the statute of limitations can result in your claim being permanently barred. Contact an experienced Illinois wrongful death attorney as soon as possible to preserve your rights.

Why You Need an Experienced Wrongful Death Attorney

Wrongful death cases involve legal complexities, emotional strain, and financial stakes that are too great to handle alone. At John J. Malm & Associates, we handle every aspect of the case with compassion and professionalism, including:

• Identifying liable parties (e.g., drivers, doctors, property owners)
• Coordinating with the probate court to appoint a personal representative
• Gathering evidence of negligence
• Calculating full economic and non-economic damages
• Negotiating with insurers or litigating in court
• Ensuring funeral and burial costs are documented and recovered

We fight for maximum compensation, giving you the financial stability to focus on healing and rebuilding your life.

“Families grieving the loss of a loved one shouldn’t have to worry about financial burdens like funeral costs. At John J. Malm & Associates, we fight for justice and help secure the compensation families need to move forward after a tragic death.” – John J. Malm, Naperville wrongful death lawyer

Frequently Asked Questions (FAQs) about Wrongful Death Lawsuits

Who is entitled to receive compensation in an Illinois wrongful death case?

The surviving spouse and next of kin—typically children or parents—are entitled to damages under the Illinois Wrongful Death Act. The personal representative of the estate files the claim on their behalf.

Can more than one person be reimbursed for funeral expenses?

Yes, if multiple people paid portions of the funeral or burial costs, they may each be reimbursed proportionally. It’s important to maintain accurate records and submit proof of payment.

What if the funeral was paid by life insurance?

If life insurance paid the funeral expenses directly, you may not be entitled to reimbursement for those same costs in the wrongful death claim. However, other economic and non-economic damages may still apply.

Are funeral expenses taxable if recovered in a lawsuit?

In most cases, compensation for wrongful death—including reimbursement for funeral and burial expenses—is not taxable, as it is considered compensatory rather than income. However, you should consult a tax advisor for specifics.

What happens if the deceased had no estate?

If there is no estate or will, the court may appoint a special administrator to pursue the wrongful death claim. Family members may still recover funeral costs and other damages through this legal process.

Contact the Top-Rated Illinois Wrongful Death Lawyers at John J. Malm & Associates

At John J. Malm & Associates, we understand the pain and financial hardship that follow an unexpected death. If your loved one was taken from you due to someone else’s negligence, we are here to help you hold the responsible parties accountable. Our fatal accident attorneys have decades of experience representing families in wrongful death cases across Illinois—including Naperville, DuPage County, Kane County, Cook County, and beyond.

We are committed to helping you recover not only the cost of funeral and burial expenses but the full measure of compensation your family deserves. Let us handle the wrongful death claim while you focus on honoring your loved one’s memory.

Call us today at (630) 527-4177 or complete our online contact form for a free, confidential consultation.