Stillbirth Compensation Claims

Experiencing a stillbirth is one of the hardest things anyone can go through and when you suspect the death of your child could have been avoided, it can be even more devastating. The impact on you and your family can last a lifetime, so it is important that you can get the best support possible to deal with the consequences of such a tragic event.

While claiming compensation cannot undo what has happened, it can pay for counselling, medical treatment, replace lost income and help in other practical ways. This can give you and your loved ones the time and financial security you need so you can focus on coming to terms with what has happened.

Get sensitive, clear legal advice to help you through this difficult time

Having supported people in your situation for many years, we know how confusing and upsetting it can be. By providing clear, practical legal advice and robust representation, combined with sensitive personal support, we aim to get you the maximum possible compensation while making the process easier on you and your family.

Access our specialist expertise and decades of experience

As one of the leading firms of medical negligence solicitors in Kent, we offer decades of experience supporting clients with all types of claims, including for stillbirth. Our expertise is independently recognised by leading client guide Chambers & Partners and our solicitors are on the panel of Action Against Medical Accidents, a leading medical negligence charity.

Avoid any upfront cost or financial risk with ‘no win, no fee’ funding

You can fund your claim with us using a conditional fee agreement (‘no win, no fee’), so there is no upfront cost or financial risk to starting a claim. We also offer a free initial, no obligation consultation letting you find out more about making a claim at no cost.

Have your questions answered in plain English

Looking for quick answers to questions such as “Am I eligible for compensation?”, “How much compensation will I receive?” and “How long will my claim take?”? Please take a look at our FAQs.

Speak to our friendly team today to arrange your free initial consultation

If you have suffered a stillbirth due to medical negligence in the last three years call us today on 01689 887801 to speak to one of our expert team.

Or simply submit your details on our brief online claim form and we will contact you shortly.

Our expertise with stillbirth claims

Our medical negligence team is led by partner David Greenhalgh, a solicitor with decades of experience securing compensation for clients under difficult circumstances.

David is ranked band 2 by Chambers & Partners for clinical negligence and is a member of the Law Society’s Personal Injury and Clinical Negligence panels, the Action against Victims of Medical Accidents (AVMA), Headway (the charity for victims of head injuries) and the Spinal Injuries Association.

Alex Wormald is a partner specialising in catastrophic personal injury and clinical negligence litigation. Having originally qualified as a barrister, Alex cross-qualified as a solicitor, giving him exceptional litigation experience.

Alex has a strong track record of achieving substantial compensation for clients and is very actively involved with the UK’s largest medical negligence charity – AvMA.

Clarkson Wright and Jakes is regulated by the Solicitors Regulation Authority (SRA), providing assurance that we continue to meet the highest standards of legal practice.

Stillbirth claims explained

How to start a stillbirth compensation claim

We offer a free initial consultation to help you find out more about starting a claim. This is your chance to have your questions answered in plain English by our friendly team.

We will cover everything you need to know to decide about starting a claim, including funding options, the potential damages available and the likely timescales involved.

Funding a stillbirth claim

There are various options for funding a negligent stillbirth claim, including:

Conditional Fee Arrangements (CFA) – You may be more familiar with this type of funding under the term ‘no win, no fee’. This option means there is no upfront cost to start a claim and you will only need to cover our fees if we secure compensation for you.

No win, no fee is the most common way to fund all types of medical negligence claims and allows you to avoid any financial risk from pursuing compensation.

Legal expenses insurance – This is sometimes offered as an optional extra with home insurance and car insurance policies, so may be a possibility if you have the right cover.

In some cases, some or all of your legal fees may be recoverable from the defendant, which can help to significantly reduce your costs.

Time limits for claiming stillbirth compensation

You will have three years from the date when the stillbirth occurred to claim compensation, unless it was only later than you became aware that medical negligence may have occurred. In which case, the three-year time limit will come into effect from the date when you realised your care may have been negligent. This is referred to as the ‘date of knowledge’.

The process for resolving a stillbirth claim

There are various stages to the process of pursing compensation for a stillbirth (or any other type of medical negligence claim). The main stages are:

Investigating your claim – The first step will always be to look into the circumstances surrounding the stillbirth to establish whether it was likely caused by negligence. This will involve looking at various types of evidence, including medical records and witness testimony, as well as consulting independent medical experts.

Assessing quantum – This stage is where we work out the value of the compensation you are entitled to. This will involve looking at both the financial consequences for you (e.g. paying for counselling and lost income) as well as any non-financial impact.

Seeking an out-of-court settlement – Once we have established that you have grounds for a claim and how much compensation we believe you are entitled to, we will always attempt to negotiate an out-of-court settlement where possible. Most claims we handle are resolved this way as it can get you fair compensation faster, with lower legal fees and less stress.

Initiating court proceedings – In rare cases, it may be necessary to take your claim to court to secure the outcome you deserve. Where this happens, we will make sure you have the best possible representation and provide close personal support every step of the way.

Managing your compensation

The compensation you receive could be very substantial, so it is important to think about how you will manage the funds following a successful claim. This helps to ensure that both your short and long-term needs will be met.

Our team will be happy to advise you on your options, including where it may be appropriate to place your compensation into a personal injury trust. This allows you to ring fence the funds so they do not count towards means-testing for any benefits you rely on.

Speak to our stillbirth claims solicitors in Orpington today

If you have suffered a stillbirth due to medical negligence in the last three years call us today on 01689 887801 to speak to one of our expert team.

Or simply submit your details on our brief online claim form and we will contact you shortly.