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The Story of Jose DeAnda: Seeking Justice for a Wrongful Death
Jose DeAnda was a deeply loved son, inspirational big brother, a beloved and active member of the Fairburn, Georgia community, and a recent high school graduate who was working hard toward his future.
After a truck accident tragically cut his life short, Jose’s family needed my immediate legal help. Evidence from the scene of the collision was in jeopardy, and the trucking company did not want to pay for the actions of their driver.
After meeting the wonderful DeAnda family, recognizing the profound impact Jose had on their lives, and the chasm his loss left in their hearts, I knew they needed an attorney who could immediately help navigate through the complex details of a wrongful death case. Nothing I could say or do would bring Jose back, but his family deserved justice for his tragic passing.
Jose deserved a voice to fight on his behalf, and the DeAndas needed a knowledgeable attorney on their side. After I took the case, I grew to love the DeAndas and their vital presence in our community, and felt the significant ripple effects of Jose’s death on all of Fairburn. The wrongful death case I built and fought for on their behalf became one of the most rewarding cases of my career.
Jose’s story highlights the dismissive nature of many trucking companies and insurers, and how challenging legal obstacles don’t have to stand in the way of justice.
Jose DeAnda
What Occurred and It’s Far-Reaching Impact
On January 17, 2105, a clear and ordinary night, Jose DeAnda was driving to WalMart to pick up new work boots. A simple errand that shouldn’t have placed him in danger. However, as Jose crested a hill, a semi truck made an illegal left turn and Jose was unable to swerve to avoid hitting the truck. He smashed into the side of the semi and unfortunately died on impact.
He left behind a close and loving family, including his parents, cousins, and his younger brother and sister.
At just nineteen years old, Jose was excited about his wide-open future. An athlete who loved soccer, he was the first in his family to graduate from high school, and his parents swelled with pride at his many accomplishments. He was such an integral part of his high school that his teachers all hugged him at graduation.
Jose had dreams of becoming an aviation maintenance technician (airplane mechanic), and was planning on attending school for training. In the interim, he worked full-time, but still carved out time daily to play soccer with his little brother and help him with his homework.
His mother describes Jose as “the best son I ever could’ve had” and his relatives remember a young man who was “very respectful, very loving…a great kid in school and a hard worker as well.” Jose’s little brother struggled mightily with the loss of his mentor — his big brother’s hugs, the connection they shared, and Jose’s guidance are deeply missed.
It’s the simple things, the small ways that Jose infused his family with joy that have made it tough on everyone who knew and loved him. Although Jose struck the semi truck and not vice versa, the DeAndas came to me with the firm belief that the truck driver’s illegal movements caused Jose’s death. I agreed.
I knew the case needed immediate attention and the fight for justice would be an uphill battle, but I was committed to standing beside them and supporting them on the legal journey. The unexpected death of a loved one is never easy, but in Jose’s case, his tragic death was avoidable too.
The Fight for Justice in a Wrongful Death Case
The trucking company didn’t offer the DeAndas a settlement. In fact, they didn’t want to pay compensation at all, and were reluctant to recognize that their trucker exhibited negligence.
There were other challenges I faced when building Jose’s case as well. Vehicle black box data showed that Jose was speeding when he hit the truck. Under Georgia comparative negligence laws, this could have indicated that Jose held over 50% of fault for his accident and may have invalidated the wrongful death lawsuit his family filed in his name.
It was vital to prove that the truck driver and trucking company were negligent in Jose’s death, and that the accident was not his fault. The truck was quickly moved from the scene of the accident, and critical data was erased. Evidence needed to be gathered from the scene before it disappeared forever and jeopardized the case.
Advocating for Jose’s voice and proving negligence
It was extremely critical to prove liability — without evidence that the truck driver was at fault for the accident, Jose’s case couldn’t move forward. We needed to focus on the damages the DeAndas incurred and show how much Jose’s wrongful death negatively impacted their daily lives.
Compensatory Damages
The DeAndas deserved compensatory damages for more than just Jose’s funeral costs or the economic value of the case. Both economic and non-economic damages were needed to provide some relief for their losses. The immeasurable losses they suffered as a result of his wrongful death included:
Pain and suffering
Every member of Jose’s immediate and extended family experienced undue pain and suffering in the aftermath of Jose’s death.
Emotional distress
The burden of emotional trauma is often as significant as physical personal injury. Jose’s absence caused many members of the DeAnda family to experience profound grief.
The Unique Approach of The Scott Pryor Law Group
At The Scott Pryor Law Group, by getting to know Jose DeAnda through the story of his life and memories of family members and friends, we were able to see how his death was worth far more than measurable economic compensation.
We focused on:
- Jose’s Story: Sharing the amazing, positive spirit that Jose embodied through powerful visual storytelling. A “day in the life” video of Jose’s loved ones painted a full picture of this remarkable young man and the good he brought to this world.
- The need for non-economic damages: Nothing could make up for Jose’s loss, and his death drastically altered the lives of his loved ones. We needed to prove our claims of non-economic damages to show the family deserved compensation.
It was important that the people determining the outcome of this wrongful death lawsuit could see Jose as a good human being who deserved justice for his death, and to understand the positive ways compensation could affect the future of his family.
Fighting for the underdog and remembering Jose
Large trucking companies often employ a team of lawyers who are ready to fight against any liable claim. A successful wrongful death claim requires an attorney who isn’t afraid to battle against these giants, and is dedicated to overcoming legal obstacles to find justice.
Jose DeAnda and his family were underdogs in this case, and needed a committed, compassionate voice to advocate for them in court. We were able to get a verdict that was significantly higher than compensation for economic damages alone.
No monetary compensation can heal the space that Jose has left in the lives of all who loved him, but it has helped alleviate financial stress for the DeAndas so that they can focus on healing. The family has been able to contribute to the community in Jose’s honor, and live comfortably, without the heavy weight of unaffordable costs.
Contact The Scott Pryor Law Group Today
At The Scott Pryor Law Group, we believe that your story matters, and that your loved one who has tragically passed away deserves justice. We’ll fight endlessly on your behalf so that you can focus on learning how to live again.
A liable defendant or insurance giant shouldn’t dictate the compensation you’re owed. You deserve some relief from your pain and suffering, and you don’t have to walk the legal path alone.
The DeAnda family is just one example of the many clients we’ve helped successfully navigate through wrongful death and personal injury cases, and we’re here to support you on the road to justice. Your journey to just compensation can start today with an obligation-free case evaluation.
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