Hamilton Wrongful Death Lawyer

Hamilton Wrongful Death Lawyer Matt Lalande has Recovered over $30 Million for Families Since 2003.

Free Consultations Provincewide. Call 905-333-8888 or Send us a Message Today.

When a death is expected, the onset of grief and loss are feelings you know you will face. However, when the death of a loved one is unexpected and traumatic, feelings of grief, shock, and disbelief are often much more pronounced.

Seeking legal advice may be the last thing on your mind, but if someone you love has been killed due to another person’s negligence, contacting a Hamilton wrongful death lawyer as soon as possible is vital. Compensation can never bring your loved one back. Still, compensation is a remedy that could help you adjust financially and replace the financial support that your loved one would have contributed to the family.

If you relied on your loved one’s income to help cover essential family expenses—such as the mortgage, vehicle payments, children’s activities, insurance, household bills, and day-to-day living costs—you should not be left without those necessities because a negligent driver caused your spouse’s death. The law recognizes this financial dependence, and a wrongful death claim is designed to help ensure your family can maintain the support and stability your loved one would have continued to provide.

If your loved one’s death was caused by another person’s wrongful or careless conduct in a motor vehicle accident, it is important to seek legal advice as early as possible. While we understand that grief can feel overwhelming, taking timely steps to protect your family’s financial security is essential. By retaining Hamilton wrongful death lawyer Matt Lalande, you can be confident that our firm will pursue accountability and work to ensure the at-fault party is held financially responsible for their negligence. 

We have over two decades of Ontario wrongful death experience and can provide professional representation to ensure you receive the compensation you and your family are entitled to.  Call us today at 905-333-8888 or fill in a contact form on our website, and we will be happy to set up your free wrongful death consultation.

Can Lalande Personal Injury Lawyers Represent me in a Wrongful Death Case?

Yes. Lalande Personal Injury Lawyers can represent you and your in a wrongful death case. Our firm has spent more than two decades helping families throughout Ontario navigate the legal and financial challenges that follow a sudden, preventable loss. We approach every wrongful death file with the same focus: to protect your family’s financial future, pursue accountability, and secure the compensation the law provides.

Since 2003, we have represented families in Hamilton and throughout Ontario

• Car Accident wrongful death cases
• Motorcycle Accident wrongful death cases
• Pedestrian Accident wrongful death cases
• Bicycle Accident wrongful death cases
• Trucking Accident wrongful death cases 
• Slip and Fall wrongful death cases

When you retain our firm, we take immediate steps to investigate the circumstances of the death, preserve critical evidence, and build the strongest possible claim on your behalf. We understand the weight of what your family is facing, and we remain committed to guiding you through each stage of the process with professionalism, clarity, and compassion.

What is Wrongful Death in Hamilton, Ontario?

In Ontario, wrongful death compensation is available to the surviving family members of a person who has died as a result of the negligent or intentional actions of another person or entity. The compensation covers losses related to the death, such as funeral expenses, loss of income and support, and loss of guidance and companionship. The Family Law Act of Ontario governs wrongful death compensation, and the amount awarded can vary depending on the circumstances of the case.

To be eligible for wrongful death compensation, the death must have been caused by someone else’s wrongful act or neglect, and the deceased person must have had dependents or beneficiaries. Seeking legal advice from a Hamilton fatal accident lawyer experienced in wrongful death claim cases can help surviving family members understand their rights and options for pursuing compensation.

How long do I have to file a Wrongful Death Claim in Hamilton, Ontario?

We understand that you are coping with an overwhelming loss, but it is important to know that the time to pursue legal action is limited. In Ontario, the statute of limitations generally allows two years from the date of death to file a wrongful death claim. Speaking with us promptly ensures that your rights are protected and that the applicable deadline for your case is clearly identified and met.

What Families Often Experience After a Sudden Loss

Who Can Bring a Wrongful Death Case Claim in Ontario?

In Ontario wrongful death cases, certain family members of victims who died have the right to seek compensation for their losses. The Family Law Act enumerates explicitly and defines the family members that can bring an action for the loss of care, guidance, and companionship, as well as pecuniary loss resulting from the injury or death. The legislation permits:

• spouses
• children
• grandchildren
• parents
• grandparent and
• siblings to make a claim

A deceased person’s same-sex partner may also be able to claim in Ontario.

In Ontario and for a wrongful death case, a spouse is defined as two people who are married to each other or who have been living with each other continuously for three years, or if they are the natural or adoptive parent of a child. Dependent kids could also be kids from a previous marriage who are receiving child support paid by the car accident victim.

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Free Consultation

Is talking to a Wrongful Death Fatal Accident Lawyer Free?

At our firm, we never charge up-front fees to meet and talk about what rights you might have in your wrongful death case, and we offer Free Consultations. Our Hamilton fatal accident lawyer are happy to spend as much time with you as you need—with absolutely no obligation to discuss your wrongful death lawsuit. We encourage you to meet several lawyers to find the best fit for your family.

How Much Does a Hamilton Wrongful Death Lawyer cost?

If you decide to retain Lalande Personal Injury Lawyers, we will never ask you for money upfront. There are no fees or expenses paid unless we win your claim. When we accept a wrongful death case in Hamilton, we pursue it with the dedication and devotion that our family deserves.

We are happy to advance the entire cost of handling your lawsuit, only recovering our fees upon the successful resolution of your case. Our legal fees and how you are charged will be laid out in an easy-to-read agreement so you and your family understand exactly how we are reimbursed at the end of your case.

Hamilton Wrongful Death Compensation

In Ontario, families of wrongful death victims may be entitled to compensation for both economic and non-economic damages. Economic damages (or pecuniary damages) refer to the financial losses incurred due to the death, such as funeral expenses, loss of income and support, and other out-of-pocket expenses. These damages can be calculated based on the deceased person’s age, earning potential, and other factors. Non-economic damages (non-pecuniary), on the other hand, are intended to compensate for the emotional and psychological impact of the loss, including loss of companionship, guidance, and care.

These wrongful death damages are not easily quantifiable but are typically determined based on the case’s specific circumstances, including the relationship between the deceased and the surviving family members. To pursue compensation for wrongful death, families should consult with an experienced Hamilton wrongful death lawyer near you who can help them understand their rights and seek the maximum compensation available under the law.

These Economic and Non-economic Damages in Ontario wrongful death cases are typically comprised of (but not limited to):

• actual expenses reasonably incurred for the benefit of the person killed;
• actual funeral expenses reasonably incurred;
• loss of household and handyman services that would have been provided by the deceased;
• loss of shared family income – income that the deceased would have contributed to the survivors or family unit;
• loss of inheritance;
• an amount to compensate for the loss of guidance, care and companionship that the claimant might reasonably have expected to receive from the person if the injury or death had not occurred;
• past and future wage loss of the survivor (FLA Claimants);
• future care, attendant care or rehabilitation costs for the FLA Claimants;
• loss of pension and benefits that the survivor might have provided to the family (drug and dental);
• past and future expenses;
• past and future direct pecuniary losses of the FLA claimant (i.e. pension reduction, loss of benefits)
• management fees for lump sum awards for pecuniary loss;
• gross up to offset the effects of income tax on awards for future loss.

Economic and Non-Economic Damages in a Hamilton Wrongful Death Case

In Ontario, family members are entitled to bring claims for economic and non-economic damages in a wrongful death. Below is a summary of both:

Economic damages – Economic losses in an Ontario wrongful death claim are assessed using the dependency approach, not simply by awarding the deceased’s lost income. The court determines how much of the deceased’s future income and benefits would actually have been available to support the dependants by: (1) projecting the deceased’s earning capacity over their expected lifetime, including employment income, benefits, and pension accrual; (2) deducting income tax and the deceased’s personal living expenses (the “personal consumption deduction”); and (3) valuing the dependants’ resulting loss of financial support. Courts also include the economic value of household services, childcare, and other domestic contributions the deceased would have provided. The purpose, consistent with Ontario case law, is to restore dependants—so far as money can—to the financial position they would reasonably have enjoyed had the wrongful death not occurred.

Non-economic damages – Ontario has no definition of wrongful death compensation. Instead, family members who are considered dependents are eligible to recover compensation for the loss of guidance, care and companionship that they would have received had their loved one not been killed in a car accident.

The loss of care guiding companionship is hard to quantify. Typically, for a spouse, the loss would be measured in terms of the loss of companionship. For a child, there is a loss of guidance and care. Calculating compensation and wrongful death cases is not an easy thing because no amount of money can ever replace a loved one’s life or the contribution that he or she makes to the people around him or her. Emotional bonds cannot be calculated in terms of dollars and cents.

It is important to understand that, however significant the loss may feel, Ontario courts do not award multimillion-dollar sums for loss of care, guidance, and companionship. Judges and juries are required to remain within the range established by prior case law to ensure consistency and fairness. Speaking with an experienced wrongful-death lawyer can help you understand the compensation ranges typically awarded and how they may apply to your family’s circumstances.

Our Hamilton Wrongful Death Lawyers Serve Clients All Over Ontario.

Our Hamilton Wrongful Death Lawyers are often hired by clients all over Ontario. We understand that legal issues can arise no matter where you are in Ontario. That’s why we make it easy for clients to hire us regardless of location. With the convenience of technology, our wrongful death lawyers are equipped to work remotely and communicate with clients through video conferencing, email, phone calls, and other digital tools.

Matt Lalande is a personal injury lawyer is committed to providing quality legal services to clients across Ontario and ensuring that distance does not prevent anyone from receiving the representation they deserve. Whether in a major city or a small town, we are here to help you with your legal needs. Don’t hesitate to contact our Hamilton Wrongful Death Lawyers today to schedule a consultation and discuss your case, no matter where you are in the Province.

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Common Wrongful Death Cases 

At our Hamilton, Ontario wrongful death law firm, we understand that losing a loved one due to someone else’s negligence is a devastating experience. We have experience representing families in many various types of wrongful death claim cases – some of the more common being:

Car Accidents and Wrongful Death – Car accidents are an unfortunate and sobering reality that claim countless lives each year, with serious accidents causing particularly devastating consequences. High-speed collisions, head-on crashes, and rollovers often result in severe injuries or fatalities, leaving families and communities reeling from the tragic aftermath. In many cases, these accidents are preventable, stemming from factors such as distracted driving, impaired driving, or poor road conditions. The emotional toll of losing a loved one to a car accident is immense, forever altering the lives of those left behind.

Motorcycle Accidents and Wrongful Death – Motorcycle accidents are often also the cause of wrongful death due to the serious injuries that riders can sustain in a collision. Motorcyclists are particularly vulnerable on the road as they have less protection than drivers of other vehicles. The force of an impact can cause traumatic brain injuries, spinal cord injuries, and internal injuries that can be fatal.

In many cases, motorcycle accidents occur due to the negligence of other drivers, such as failing to check their blind spots or violating the motorcyclist’s right of way. In situations where a motorcycle accident results in wrongful death, the victim’s family may be entitled to compensation for their losses. Seeking the help of an experienced wrongful death lawyer can help families understand their legal options and pursue the compensation they deserve.

Pedestrian Accidents and Wrongful Death – Pedestrian accidents can often result in fatalities due to the vulnerability of pedestrians on the road. Pedestrians have no protection against vehicles, and even low-speed collisions can result in severe injuries or death. Pedestrian accidents can occur for a variety of reasons, such as distracted driving, speeding, driving under the influence of drugs or alcohol, or failing to yield to pedestrians in crosswalks.

In cases where a pedestrian accident results in death, the victim’s family may be entitled to compensation for their losses. Seeking the assistance of an experienced Hamilton wrongful death lawyer near you can help families navigate the legal process and pursue the compensation they need to cover expenses such as medical bills, funeral expenses, and spousal or dependent’s loss of income.

Bicycle Accidents and Wrongful Death – Bicycle accidents can lead to devastating consequences, including wrongful death, which refers to fatalities that occur due to another party’s negligence or recklessness.

In urban environments where cyclists share the road with motor vehicles, accidents are heightened, often resulting from speeding, distracted driving, or failure to yield to bicycles at intersections.

Some of the more common causes of bicycle accident fatalities that we have seen are:

• When a vehicle overtakes a cyclist travelling in the same direction;
• Vehicle turns into the path of a bicyclist going in the same or opposite direction;
• When a cyclist rides in the wrong direction;
• Dooring accidents (when a parked vehicle opens a door in front of the path of a bicycle);
• Obstructions or visibility/lighting issues;
• Speeding Vehicles – Bicycles are smaller than cars, which often makes it difficult for drivers to see them, especially if they are speeding.

When a cyclist falls victim to wrongful death, their loved ones are left grappling with emotional distress, financial burdens, and the pursuit of justice. In such cases, the victim’s family must seek the assistance of an experienced Ontario wrongful death attorney who can navigate the complex legal landscape and advocate for the compensation they deserve.

Through the pursuit of justice with a Hamilton Wrongful Death Lawyer, families can find solace and closure while raising awareness about the importance of bicycle safety and the need for more extraordinary precautions to prevent similar tragedies.

Drunk Driving Accidents and Wrongful Death – Drunk driving accidents are a tragic and preventable cause of wrongful death, which occurs when someone loses their life due to the negligent or reckless actions of another person. Alcohol-impaired driving significantly impairs a driver’s ability to react, make sound judgments, and operate a vehicle safely, leading to a higher likelihood of accidents, injuries, and fatalities.

The consequences of drunk driving accidents extend beyond the victim and their families, impacting entire communities and serving as a stark reminder of the importance of responsible alcohol consumption.

When a wrongful death occurs as a result of drunk driving, the victim’s family members are left to navigate the aftermath of their devastating loss. In addition to the emotional turmoil and grief they face, they may also be confronted with financial challenges related to funeral expenses, loss of income, and medical costs. Pursuing legal action against the intoxicated driver responsible for the accident can help the victim’s family seek justice and obtain the compensation they need to alleviate their financial burden.

Working with an experienced Hamilton wrongful death lawyer is essential in such cases. They can help navigate the complexities of the legal system and ensure that the responsible party is held accountable for their actions.

No matter the type of wrongful death case, our experienced lawyers are dedicated to helping families seek the justice and compensation they deserve. We understand the complex legal issues in these cases and are committed to guiding our clients through the process with compassion and expertise.

Distracted Driving and Wrongful Death – Distracted driving has emerged as a significant contributor to road fatalities, encompassing a range of accidents that involve cars, bicycles, pedestrians, and motorcycles. The proliferation of technology, such as smartphones, has intensified this issue as drivers become increasingly preoccupied with texting, social media, or other digital distractions while behind the wheel.

This lack of focus compromises reaction times and situational awareness, leading to devastating consequences for all road users. Car accidents may result in multi-vehicle pile-ups, while vulnerable road users like cyclists, pedestrians, and motorcyclists often face more severe injuries or fatalities due to their relative lack of protection.

Stunt Driving and Speed Racing and Wrongful Death – Stunt driving, reckless driving, and speeding are dangerous behaviours that pose a significant threat to public safety and contribute to wrongful deaths on our roads. These high-risk actions often involve a blatant disregard for traffic laws and the well-being of other road users, resulting in unpredictable and hazardous situations. Stunt driving often results in wrongful death lawsuits.

Drivers who engage in such activities, whether to impress others or for an adrenaline rush, put themselves and innocent bystanders at risk for serious injuries or fatalities. The consequences of these reckless choices can be life-altering, leaving families devastated and communities mourning the loss of loved ones.

Truck Accidents and Wrongful Death—Truck accidents are a problem across Canada. Almost 2,000 Canadians die each year in accidents with heavy trucks, and the number is increasing. As fewer Canadians shop at stores and more make purchases online, truck traffic is increasing.

More trucks on the road mean more risks to drivers and their passengers. Both Canadian and American trucks clog roads in Ontario. These days, truck drivers’ habits have become even more dangerous, as they are under pressure to deliver their cargo on time.

Truck drivers have contributed to the increase in accidents through:

• Speeding – Fewer cars on the road encouraged truck drivers to ignore traffic laws. In addition, they are under increasing time pressure.
• Driving distracted – truck drivers on long hauls may try to do other things behind the wheel. Primarily, this involves checking their phone and sending texts. It could also include eating, which causes them to take a hand off the wheel.
• Fatigued driving – under pressure to make deliveries, truck drivers may spend too much time behind the wheel. This causes them to lose focus, and they may even fall asleep while driving. Canada allows truck drivers to operate vehicles for 13 straight hours.

Passenger vehicle drivers have much less chance of escaping a truck accident without serious injury. They are much more likely to die in these crashes because trucks are far bigger than their cars. What is even worse is that truck accident victims may require multiple surgeries and lengthy hospitalization before they succumb to their injuries. Their medical bills before they died could impose significant financial burdens on their surviving families.

Losing a loved one in a truck accident will cause a family to experience overwhelming grief. Their loved one has gone out in their car and not come home because of the carelessness of a truck driver, who should know how to properly do their job and follow traffic laws.

If the deceased had children, their loss would cause them lifelong impacts from growing up without a parent. Without financial compensation, the family could struggle both now and permanently.

You will likely have many questions about what happens to your family after a truck accident has taken your loved one. While financial concerns will be foremost in your mind, you will also want justice when a truck driver has done something wrong.

You will want a company that employs the driver to pay the price. You can do this through a wrongful death lawsuit. This will not bring your loved one back, but it can help your family survive in the aftermath of the accident and get some degree of closure for the accident.

Truck accident lawsuits are more complex because they require additional investigation. However, they also mean you can sue a trucking company with “deeper pockets.” This is where our lawyers can help you. We will ask all the relevant questions to determine who was to blame for the crash and help your family establish its strongest possible case.

How do I find a Hamilton Wrongful Death Lawyer near me?

Looking for a Hamilton wrongful death lawyer near you while you are grieving may seem premature or even inconsiderate – but remember, not all people mourn the loss of their loved one the same way, and some people will take longer than others to get back to start getting back to normal.

We understand that families are often overwhelmed and emotional; they may feel like they might be in an insurmountable place. What is important, however, is that it’s still very important to at least talk to a local Hamilton wrongful death lawyer to check and see if you have a valid case.

We recommend interviewing several personal injury lawyers and retaining a lawyer or law firm you feel most comfortable talking with. You will meet some lawyers who smile and some who don’t. You will meet some lawyers who understand your situation and some who you feel do not. You will meet some lawyers who feel your pain and are passionate, and some who recite the law from across the table. You will meet some lawyers you feel could pick up the phone, call, and talk to, and others you will not.

Remember this: a wrongful death car accident case is a very long process, and it’s important that you do not feel intimidated by the person you work with. You need a wrongful death lawyer to make you feel like you are part of the team. It’s essential that everyone works together and everyone has a connection, from the boardroom to the Courtroom. Contact our Hamilton, Ontario wrongful death lawyer near you today.

How do Courts Assess Wrongful Death Compensation?

In assessing damages for the loss of care, guidance, and companionship, courts typically follow prior decisions rendered by Judges in other similar cases. For example, several factors that judges have examined in awarding compensation and wrongful death cases are:

• The age of your loved one at the time of his or her death
• His or her physical health at the time of his or her death
• Whether your loved one lived with his or her dependents, and if not, the frequency of visits
• The intimacy and quality of your relationship with your deceased loved one before his or her death
• Your emotional self-sufficiency
• Whether you have been separated at any point in your marriage or relationship, and why
• Whether you were separated at the time of the car accident
• Your loved one’s life expectancy had he/she not been killed
• Your life expectancy
• The health of your relationship

Your income loss: In addition to the loss of your loved one’s income in the family, the living spouse might have suffered a personal loss of income due to the psychological grief he or she suffered as a result of the death of the family member.

Loss of benefits: If your loved one had medical, dental, and drug coverage benefits, you may be able to claim these losses as a pecuniary loss.

General expenses: Dependents may advance claims for expenses as pecuniary losses. Recording of all such costs, including funeral expenses, parking, meals, travel or any other expenses incurred as a result of the death of your loved one, should be kept and provided as a part of your losses.

Rehabilitation or attendant care services: You or your surviving family members may require counselling and other rehabilitation-type services to help move on through the grieving process. Some surviving dependents have required lifelong psychological care. You and your loved ones may be entitled to future care costs if those costs are not provided for in the Statutory Accident Benefits Schedule.

Household and Childcare Services: You or your surviving family members may be able to claim household and childcare services. Spouses and children are entitled to compensation for the value of the loss of household services provided by the deceased family member. Children also must be compensated for the value of the loss of childcare services that would’ve been provided by the deceased had he or she survived. These awards are typically not dependent upon the likelihood of incurred replacement costs. Instead, the awards attempt to monetize the value of the deceased’s contribution to the household.

Loss of inheritance: In certain situations, dependents may advance a claim for loss of inheritance. In other words, if not for the deceased’s premature death, the accident victim would have built up a more significant estate that would’ve been available to beneficiaries, and therefore, the beneficiaries would’ve been deprived of the benefit of the increase in the estate.

Management fees: Entitlement of a management fee depends on two factors: (1) the sophistication of a claimant and (2) the necessity for a manager to achieve a specific rate of return and ensure the lump sum award is not depleted too quickly.

Experience Matters

A few of our recent result are noted below. It’s very important to understand that no two cases are the same. Past results are not necessarily indicative of future results and litigation outcomes will vary according to the facts of individual cases. The information below are examples of Matt Lalande’s cases that he has settled or tried to verdict over his career and is for informational purposes only.

View More Case Results

$1M

Wrongful Death

For the wife and kids who lost their father.

$1M

Wrongful Death

For a family who lost their wife and mother.

$3.4M

Wrongful Death

For a family who lost their mother who was a young physician.

Can my Loved One’s Estate Sue for Pain and Suffering?

Yes. In Ontario, the Trustee Act generally governs survival actions by estates, covering the deceased’s losses before death. Section 38(1) of the Trustee Act provides that the executor or administrator of any deceased person can sue for the injuries in the same manner and with the same rights and remedies as the deceased would, if living, have been entitled to do.

When recovered for the victim’s family, the compensation shall normally form part of the deceased’s estate. The Trustee Act in Ontario allows an estate’s executor to maintain a lawsuit on behalf of a deceased person. However, the executor may not pursue compensation for “death or for the loss of expectation of life” but rather for the suffering that the deceased endured.

You must speak to one of our Hamilton wrongful death lawyers for more information on the Trustee Act and how it may apply to your case.

Can I Sue for Lost Income in a Wrongful Death Case?

What happens if the family breadwinner passes away unexpectedly? Who will help pay the mortgage, bills, tuition, hockey, dancing, etc.? If the loved one who died was working at the time of death, and it can be shown that he or she would have continued to earn income in the future, then the survivors and family members may claim a loss to compensate them for a portion of the lost income.

This is what is called a “dependency” claim. It is calculated based on the net income your loved one would have contributed to your family and household. As experienced wrongful death lawyers in Hamilton, we certainly know how to have the value of the dependency claim properly assessed to help protect your family’s financial future.

It would be unfair for surviving family members to suffer financially because their loved one was taken away unexpectedly by someone else’s negligence. A Hamilton wrongful death lawyer from our firm will seek justice and nothing less.

Can I sue for Lost Pension or Benefits in a Wrongful Death Case in Ontario?

A spouse’s pension or benefits loss can be quantified in a wrongful death case. In some cases, a person’s death may end medical, dental, and drug coverage benefits for a survivor. These benefits can be claimed without any dependency reduction.

Similarly, the loss of pension is the loss of income derived from a contractual agreement. A surviving spouse certainly has a claim to the deceased’s pension income. This is a direct financial loss for income he or she otherwise would have received directly if not for the death of a spouse.

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Contact an Experienced Hamilton Wrongful Death Lawyer Near You to Get the Justice You Deserve.

As Hamilton Wrongful Death Lawyers, our goal is not only to obtain compensation on your behalf for your pain and loss but also to help financially protect your children and family by making sure there is enough money in place to continue funding shared family expenses, pay the mortgage, put food on the table, and pay for kids’ activities. The untimely loss of your loved one shouldn’t mean you can’t afford vehicle payments, tuition, or any other type of shared expense.

At Lalande Personal Injury Lawyers, we take pride in being trusted Hamilton personal injury lawyers since 2003. Over the years, we’ve helped our clients recover more than $45 Million in settlements and verdicts in personal injury, disability, and employment law cases. Whether you’re dealing with a life-changing injury, a denied disability claim, wrongful death, a hurt child or employment termination, we are here to provide compassionate and experienced legal representation. If you believe you have a case, call us today—we’re ready to help you secure the compensation you deserve.

Call Lalande Personal Injury Lawyers today, no matter where you are in Ontario at 905-333-8888 for your free consultation. Alternatively, you can contact us online, confidentially, by filling out a contact form.

Hamilton Wrongful Death Lawyer FAQ