Motor Vehicle Accidents
Stillbirth Compensation in Victoria: Why the Law Must Change
After losing her baby at 34 weeks, Elodie Aldridge discovered the law offered no recognition, and no support. We’re helping her fight to change that.
When Elodie Aldridge lost her son Remi at 34 weeks gestation after a tragic car accident, the emotional devastation was met with a legal one: under current Victorian law, Remi was not considered a legal person. His birth and death went unregistered. His life, in the eyes of the law, had never existed.
This legal gap means grieving parents like Elodie and her partner Andrew are denied more than just justice, they’re denied recognition, closure, and any path to justice
At LHD Lawyers, we believe this needs to change. And we’re proud to represent Elodie in her campaign to challenge and reform laws in Victoria.
What Is the Current Law on Stillbirth Compensation in Victoria?
Under Victorian legislation, babies who are stillborn before 37 weeks gestation are not classified as “persons” under road or workplace accident laws. This classification has major implications for families pursuing legal acknowledgement after incidents such as car crashes or medical negligence.
This means that if a negligent act, like a motor vehicle accident, results in the death of a baby before 37 weeks, the loss is not recognised for criminal charges to be laid against the negligent party.
For Elodie, this meant the law didn’t acknowledge Remi’s wrongful death. That’s a devastating realisation for any parent who has prepared to bring a baby into the world.
Why This Legal Gap Hurts Families
Losing a child at any stage is traumatic. But when that loss is caused by someone else’s actions, like in a car crash or medical error, the pain is compounded by injustice.
- There’s no death certificate, so the loss isn’t officially recorded.
- Parents may be denied justice against the negligent party
At LHD, we see this as an outdated and unfair legal oversight. Grieving families deserve legal recognition of their loss—and support to help them move forward.
Fighting for Law Reform in Victoria
We’re standing with Elodie to push for a change in how the law treats stillbirths, especially those that occur due to preventable incidents.
Our client lost her firstborn son Remi in a horrific transport accident. She has endured physical and psychiatric injuries that will affect her for the rest of her life. We stand with our client as she continues to fight for fair compensation and in bringing change to Victorian laws.
We believe:
- Gestational age shouldn’t determine recognition of life or loss
- The law must reflect modern medical understanding and compassion
What Can Families Do?
If you’ve experienced a stillbirth and believe negligence or an accident was involved, you may still have legal options, especially in cases of:
Our team at LHD Lawyers offers a free case assessment. And with our No Win No Fee policy, you won’t pay unless we successfully resolve your case.
We’re here to listen, understand your experience, and explore every avenue available.
Every Life Deserves Recognition. Every Family Deserves Justice.
Elodie’s story has sparked a broader conversation about stillbirth in Victoria. We’re proud to help lead that conversation and to fight for families who are too often left behind by the system.
Because at LHD Lawyers, every case matters. And every family matters, too.
Elodie’s story was recently featured in the Herald Sun, where she bravely shared her experience to call for change. Read the article here
Written By Marko Eric