Stillbirth compensation claims

Losing a baby to stillbirth is an experience no parent is ever prepared for. If you’re searching for answers or believe something went wrong with your care, you may be entitled to support. Our specialist birth injury solicitors will guide you with compassion, clarity and complete care.

GET IN TOUCH 0330 175 8740

Trustpilot
TOP-RANKED LEGAL EXPERTS CHAMBERS & LEGAL 500
NO WIN, NO FEE

Author

Sahida Patel

Partner, Birth Injury Team Lead

Reviewer

Trevor Ward

Partner Solicitor, Head of Birth Injury Unit

Last Updated

16th July 2026

Can I make a stillbirth compensation claim?

You might be able to make a claim if feel that medical negligence caused or contributed to the loss of your baby. This might mean that concerns about your baby’s growth or wellbeing were not properly monitored, signs of distress were missed, reduced movements were dismissed, or serious complications – like preeclampsia, gestational diabetes or obstetric cholestasis – were not properly identified or managed.

In the UK, a stillbirth is defined as the death of a baby before or during birth after 24 weeks of pregnancy. Families can pursue a stillbirth compensation claim if negligence caused or contributed to the loss of their baby. Aside from the above examples, this can also occur where there was a delay in performing an emergency caesarean section, a failure to act on known risk factors or poor communication between members of your care team.

Even if you are unsure about pursuing a claim, it may still be worth a call. It is your solicitor’s role to investigate the care you received and give you an honest, clear view on whether you have grounds to bring a claim. We will look carefully at everything that happened to understand whether the care you received during pregnancy or labour, met the standard expected.

Example of a stillbirth negligence claim

Imagine a mother who reports to her midwife that her baby’s movements have significantly reduced, but her concerns are dismissed without further investigation. When she attends hospital several days later, her baby has died. If a proper assessment at the point she raised her concerns could have identified foetal distress and led to an emergency delivery, this failure to act may constitute medical negligence and form the basis of a valid stillbirth compensation claim.

Related stillbirth compensation claims we support

Expertise you can trust

9/10 clients would recommend us
AVMA Panel Members
400+ specialists in our Medical Negligence team

What compensation can help with

Mid adult woman stands at window with hot drink

Helping you find answers, financial help and a way forward.

Many parents tell us that after a stillbirth they were given very little support and were left trying to navigate their grief while also facing practical and financial pressures. If you believe something went wrong with your care, a stillbirth compensation claim can help you find answers and access the support you need.

Under current UK law, a baby who dies before birth is not recognised as a separate legal person. This means parents cannot receive the statutory bereavement award in relation to a stillbirth, even when negligence is proven. We understand how painful and unfair this can feel, and we will always acknowledge that with you.

A stillbirth compensation claim may help families with:

Time away from work and loss of earnings
Funeral expenses
Costs you incurred while preparing for your baby’s arrival
IVF or fertility treatment you have already undergone
Future fertility treatment where relevant
Psychological therapy and counselling
Any other out of pocket costs arising from the negligence

Understanding the potential value

In one recent case, we supported a mother whose baby’s reduced growth was not followed up during pregnancy. Her daughter should have been delivered earlier and the stillbirth could have been avoided. She received £50,000, which recognised the psychiatric injury she suffered and the effect this had on her work and family life.

Every stillbirth claim is shaped by the individual circumstances of the family involved. It reflects the emotional, practical and financial impact the experience has had on your life, rather than placing any kind of value on your baby or your loss.

Understanding special and general damages

A stillbirth compensation claim is made up of general damages; which recognises the emotional impact and disruption this experience has had on your life, and special damages; which covers the financial losses we can evidence on your behalf. This might include time away from work, counselling costs and other expenses linked to the negligence. We will look carefully at your circumstances so your claim reflects what you have been through with accuracy and care.

Specialist stillbirth compensation solicitors

Our specialist birth injury solicitors will stand with your family after a stillbirth.

Why choose Fletchers for your stillbirth compensation claim?

Stillbirth claims need specialist insight and a team you can trust completely. Our dedicated birth injury solicitors are recognised by The Legal 500 and Chambers for their expertise, and work closely with leading medical experts to guide families with care and precision. At Fletchers, you are always heard, informed and properly represented.

Expertise you can rely on

Specialist birth injury and medical negligence solicitors with decades of combined experience
Named by The Times as one of the UK’s best law firms
Ranked by Legal 500 and Chambers UK as a top-tier practice in clinical negligence
Successful track record securing compensation for families in stillbirth and serious birth injury cases
Rated excellent on Trustpilot by the clients we have supported
No win, no fee – you pay nothing if your claim is not successful

You're not alone

You’re going through something no parent should have to face.

The loss of a baby is one of the most devastating experiences a family can endure. The grief does not follow a timetable, and the emotional impact can touch every part of life. Many parents also carry the weight of unanswered questions, and come to us wondering whether things could have been different, if something was missed, and feeling uncertain about speaking up.

Alongside the emotional pain, there is often a significant practical and financial impact. Unexpected time away from work, the cost of therapy, funeral expenses and the possibility of future fertility treatment can place additional strain on families already coping with profound loss. Whatever matters most to you, we will make sure your claim reflects it.

Although it can be hard to take that first step, many parents tell us that pursuing a claim helped them to find closure and forge a way forward. While no amount of compensation can ever make up for the loss of your baby, the removal of financial pressures, can help to relieve some of the burden you are facing. For some families, however, the most important outcome is simply getting answers, holding those responsible to account, understanding what happened and why.

If you choose to explore a stillbirth compensation claim, we will take time to understand your experience so that any support you receive reflects what you have been through with care and accuracy. Our role is to guide you gently, keep you informed and help you find a way forward that feels right for you and your family.

People we’ve supported

1/3

VIEW ALL STORIES

FAQs about stillbirth compensation claims

How long does a stillbirth compensation claim take?

Medical negligence claims relating to stillbirth can take anywhere from six months to five years to complete, depending on the complexity of your individual case. When you get in touch, your solicitor will give you an honest indication of how long your case is likely to take.

What if I'm unsure whether negligence occurred?

It is your solicitor’s responsibility to investigate the care you received and establish whether negligence caused or contributed to your baby’s death – not yours. You do not need to have all the answers before you speak to us. Tell us what happened, and we will advise you honestly on whether you have a viable case.

How long do I have to make a stillbirth compensation claim?

In most cases, you have three years from the date of the stillbirth to start a claim. If you only became aware later that medical negligence may have played a role, the three-year period runs from that date of knowledge instead. If the mother was under 18 at the time of the stillbirth, the time limit expires on her 21st birthday. If you are unsure whether the time limit applies to your situation, speak to us as soon as possible.

Will making a claim affect my future medical care?

No. Making a compensation claim will not affect your future medical care in any way. You will remain fully entitled to receive care from the NHS.

How much compensation could I receive for a stillbirth claim?

The amount of compensation depends on your individual circumstances. General damages reflect the pain, suffering and psychological impact you have experienced. Special damages cover financial losses such as time off work, funeral costs, money spent preparing for your baby’s arrival, IVF treatments, and in some cases the cost of future fertility treatment. Because a baby who dies before birth is not legally recognised as a separate person under current UK law, the statutory bereavement award cannot be claimed in stillbirth cases – even where negligence is established. We will always explain this clearly and make sure every aspect of your loss is properly considered when building your claim.

How does No Win No Fee work for stillbirth claims?

Fletchers operates on a No Win No Fee basis for stillbirth compensation claims. This means you will not pay any legal fees if your claim is not successful. We will explain exactly how this works before you commit to anything, so you can make a confident and informed decision.

What evidence is needed for a stillbirth negligence claim?

Your solicitor will gather the evidence needed to support your claim on your behalf. This typically includes your medical records from throughout your pregnancy, labour and delivery, as well as independent expert medical opinion on whether the care you received met acceptable standards. You do not need to gather this evidence yourself – we will handle it for you.