Smiley & Smiley, LLP

Jennifer Hudson - Does She Have a Wrongful Death Case?

I was asked the following "Ask Andrew" question:

 "Does Jennifer Hudson have the right to pursue a wrongful death case as a result of the horrendous murders of her Mother, brother and nephew?"

The short, but not so simple, answer is Yes, she and her family have the right to bring a wrongful death case.  A family member has the right to bring a wrongful death case when a loved one has died as a result of the negligence of others.  In addition to negligence, a claim can be pursued if the death was caused intentionally, by an assault or, as in this instance, a murder - this is known as an "intentional tort."

Ms. Hudson and her family would face a few problems which would likely preclude a successful case. As of this moment, the family is not certain who committed the murders.  However, once the murderer is identified, it is highly unlikely that the person has the money to pay a settlement or verdict obtained in the lawsuit. In a negligence case there is insurance to pay for death, in an intentional tort there is not. 

So, yes, Ms. Hudson and her family have a case that they would likely win, but there would be no money to pay if they are successful

My heart goes out to Jennifer Hudson and her family.

1 Comment

I have one thing to say, SHE should be the one responsible. I live in Chicago and see cannot figure out why her mom lived in one of the crappiest neighborhoods in Chicago.... shame on you.

Leave a comment
Comment Information
Email Us For A Response

Smiley & Smiley, LLP
122 East 42nd Street, 39th Floor
New York, NY 10168

Toll Free: 866-764-5395
Phone: 212-986-2022
Fax: 212-697-4689
New York Law Office Map