Personal Injury Claim Against A Company In Liquidation Dissolved or Closed – How To Claim?
By Mark Ainsdale. Last Updated 30th July 2021. Welcome to our guide on making a claim against a dissolved company. We explain how to make a claim against a company in liquidation. If you suffer a personal injury for which you wish to pursue a compensation claim, what if the company ceases trading? Well, if the company in question goes into liquidation, the process of making a claim is complex. So, this short guide educates people about how to do this.
For more information about making a claim against a dissolved company, read our guide or call us on 0800 073 8804.
Select a section:
- A guide to claiming compensation from companies in liquidation or dissolved.
- What is liquidation?
- And what is a dissolved company?
- What to do if you are involved in an accident causing injury and the company have ceased trading.
- How to begin your personal injury claim against a company in liquidation.
- Claiming personal injury against companies that have gone into administration.
- Making a personal injury claim against companies who have ceased trading or gone into administration.
- What can be claimed for after an accident causing personal injury?
- I had an accident at work and the company is no longer trading can I still claim personal injury compensation?
- I had an accident a shop that is no longer open can I still sue?
- The most common types of personal injuries.
- How much compensation will I get after an accident causing a personal injury?
- No win no fee personal injury claims.
- Why choose us as your claims service for a personal injury claim?
- Call for free advice and to start a claim.
If you have suffered a personal injury at work, and want to make a personal injury claim against a dissolved company, or on which has gone into liquidation, then the process of making a claim is quite complex. Note that the chances of making a successful claim against a defunct company are lower.
This guide advises those who wish to claim personal injury against a company which closes its doors. We will cover how this differs from making a claim against an operating company. Additionally, we note the differences between a company ceasing trading and a company in liquidation.
We discuss how to ensure the best chance of a successful claim for personal injury compensation. This includes the types of damages and what you might likely receive as a compensation payout.
Finally, we will introduce our No Win No Fee liquidation claims service. This can help you receive the compensation that is rightfully yours without having to pay expensive legal costs upfront. All of this can help for your claim against a dissolved company.
Liquidation, or going into liquidation, describes a company winding up its affairs in a graceful manner. This means it is still pursuing its debtors for money and is still attempting to pay back its creditors.
Making a claim against a company in voluntary liquidation may be less successful than pursuing one against an operating company.
A dissolved company is one which has ceased operation in a graceful manner. It files for dissolution with Companies House, advising the UK Government that it’s going to cease trading. And it makes a provision for liquidating its assets and using the proceeds for settling its debts as far as possible.
Firstly, if you wish to make a personal injury claim against a dissolved company, whether the company simply closed its doors and stopped trading, or went into voluntary liquidation, then you are likely to need the help of a solicitor to successfully make a claim.
This is especially true for companies that simply ceased trading, without making provision for disbursing its debts or fulfilling its corporate duties. In these cases, the company simply doesn’t exist anymore. It has no staff, and there is no one you can speak to about your claim.
It may still be possible to claim compensation for a personal injury if the company in question was covered by an active insurance policy when the accident took place. However, you will face problems finding out just who the insurer was. The best advice here is to contact us using the info at the bottom of this page, and we will discuss how we might be able to help you make a personal injury claim against a company that has ceased trading.
We recommend you prepare the following information before contacting a solicitor to help you with your claim:
- Full details of how the accident happens, when and where.
- Contact details for the company you wish to claim against. If you know the names of the company insurer, then include this.
- Details of the official liquidator if the company goes into liquidation.
- Financial losses that you sustain due to the injury.
- A full medical report covering the short-term pain and suffering as well as the long-term effects of the injury.
This type of information will help your solicitor decide whether or not you have a chance of winning a compensation claim for your personal injury.
Commencing proceedings against a company in liquidation is never straightforward. Before we can advise you on your next action, we need to know all of the details of your personal injury claim. When you contact us, we will arrange a free legal consultancy session, and we will ask you questions such as:
- When and where did the accident happen?
- Why do you believe the company was at fault?
- Was the accident recorded in the company accident book? If so, do you have a copy of the report that was made in the accident book?
- Were there any witnesses that can corroborate the facts of your accident?
- Do you know the name of the insurance firm the company used?
- Have you had any previous communication with the company regarding your accident?
These kinds of questions and associated answers will help us form a better picture of our ability to successfully win compensation for your personal injury on your behalf. Although we have plenty of experience in issuing proceedings against a dissolved company, these kinds of cases are amongst the most difficult that we take on.
Once we know the full details of your personal injury claim, we will offer you some advice on what to do next. For most people, this means we will offer our No Win No Fee liquidation claims service, which will help them receive compensation without having to pay ongoing legal costs.
Suing a company in administration is never simple. If the company you wish to claim against has appointed an official administrator, and you can prove your claim is valid, then it may still be possible to claim compensation for a personal injury. However, it should be noted that the chance of success is not as good as suing a company that is still trading.
In order to proceed with a personal injury claim against a company that has gone into administration, your solicitor will need to contact the official administrator on your behalf. This is something we can assist you with here at Legal Expert UK.
The solicitor will need to discern two key facts for a potentially successful claim against a dissolved company:
- Whether the company which is in administration had an active employee liability insurance policy at the time of the claim.
- How much excess the employee liability insurance policy stipulates.
If the company did have a valid employee liability policy, then you will have a potential route to a successful claim. Yet there is a possible downside in the excess laid out in the insurance schedule. If the excess is higher than the overall amount of compensation that you are seeking for your personal injury, then this will entirely negate the claim, as no payment would be forthcoming.
For example, if you are making a claim for compensation following a personal injury at work against a company in administration to the value of £10,000 and the employee liability insurance carries an excess of £15,000 then no claim can be made. However, if you were making a claim of £15,000 and the employee liability insurance policy has an excess of £10,000, then there is potential for a £5,000 settlement.
Therefore, it is important that people claiming for a personal injury against a company in liquidation understand that even though a valid claim may exist, there may be no way to make a claim due to the excess included in the company’s employee liability insurance. For this reason, solicitors are often wary of taking on these kinds of claims under a No Win No Fee agreement. If you contact us, we can help you decide whether there is a likelihood of making a successful claim in your case.
Making A Personal Injury Claim Against Companies Who Have Ceased Trading or Dissolved or Gone into Administration
Suing a company in voluntary liquidation is very different from suing a company which simply ceases trading. A company in liquidation has provided a vehicle for creditors to attempt to reclaim monies owed to them, and this would include any personal injury claims. A company which simply ceased trading is simply no longer accountable for any money it owes, or any claims against it. If it were a Limited Company, it was the legal entity which is responsible for paying compensation claims. If that legal entity no longer exists, then there is no viable route for making such a compensation claim for personal injury.
In some cases, it may be possible to make a personal injury claim against the director of dissolved company. There would need to be extenuating circumstances, such as the individual being largely responsible for the personal injury, due to gross negligence, recklessness or criminal activities. Yet once again, the likelihood of success is quite low.
Read on to find out what might be included in a claim against a dissolved company.
If we look at web statistics for searches related to personal injury claims against companies in liquidation, some of the most common search terms are being used to try and discover just what kinds of damages can be claimed following a personal injury at work. Below we have listed the most common types of damages that would make up a compensation claim for personal injury against a company that has ceased trading or gone into liquidation:
- General damages – this category pertains to all the actual physical aspects of the personal injury the victim wishes to claim for. It covers immediate effects such as pain and suffering. Additionally, it covers longer-term effects such as mental trauma and spending time in convalescence or therapy to aid recovery. It may also include less functionality of the body part and a lower quality of life.
- Special damages – here we include all the financial and non-physical effects of the injury. Everything from out of pocket expensed for travel, through to the need to purchase a new home with specialised equipment to make it a safe environment for somebody with a serious medical condition.
- Medical costs – these are usually rolled into the special damages category and include everything from the initial treatment of the injury, through to long-term or permeant therapy requirements.
- Travel costs – again, these are rolled into the special damages category, and cover everything from ad-hoc travel expenses to visit the hospital to get the injury treated, to regular travel to visit your solicitor or the court, whilst the case is being actioned.
- Care costs – if you need to be taken care of in your home, or you have to spend some time in a specialist care facility, then these costs would usually be rolled into special damages as well.
These are the basic forms of damages that a compensation claim for a personal injury against a company that has ceased trading, or gone into liquidation, would comprise of. There are more, and you should contact us so that we can let you know if any other forms of damages would apply in your particular case.
I Had an Accident at Work and the Company Is No Longer Trading Can I Still Claim Personal Injury Compensation?
In the above sections, we have answered the question, how to claim money back from a company in liquidation? And these same answers fit this question.
If you have had an accident at work, and the company is no longer trading, the ability to claim compensation will depend upon how the company wrapped up its affairs, thus:
- Companies that simply ceased trading and closed their doors will generally be very hard if not impossible to claim personal injury against. You will certainly not succeed without the help of a solicitor.
- Companies that have gone into liquidation have a framework in place which could facilitate a successful claim for personal injury.
If you are unsure which of these two categories your personal injury claim fits into, get in touch with us. And we can help you find out which situation fits your claim against a dissolved company.
Whilst claiming from a liquidated company is often possible, claiming from a business that simply closed its doors is often not. However, if the shop in question was operated as a sole trader, by a single individual, and not a Limited Company, then you may be able to pursue this person for damages.
You will need legal representation to do this, so contact us to talk over your options, and we will let you know if we think we can help you.
Although there are many ways an accident can happen, which leads to a personal injury at work, some causes are more common, and these include:
- Slip, trip or fall accidents – a very common occurrence in the workplace. Most usually a slip, trip or fall accident at work happens when a floor is left wet, or a spillage of some kind has not been cleaned up. Additionally, obstruction of the walkway and failure to signpost dangerous pathways is a common cause of slip, trip or fall accidents.
- Musculoskeletal injuries – these are usually caused by mishandling heavy items or being forced to perform actions that the body was not designed for such as grabbing for a handrail to stop a fall.
- Cuts and needlestick injuries – very common in the catering trade and any other job role such as hospital workers, where sharp implements are used regularly.
- Road traffic accidents whilst operating a company vehicle – car, motorcycle and other vehicle accidents are the most common type of accidents in the UK. Therefore, they are also a common cause of accidents at work that can result in a personal injury.
Of course, there are far more ways that personal injuries at work occur, but these are the most common. To find out what your injuries may be worth in a claim against a dissolved company, read on.
Every claim for compensation following an injury in the workplace is different. However, if you are seeking damages against a company that has gone out of business, or is in liquidation, these figures below are a general guideline to how much you might receive:
|Foot Injury||From Minor to Very Severe||Up to £189,110||Covers foot injuries ranging from simple soft tissue injuries to amputation of both feet.|
|Leg Injury||From Minor to Amputation of Both Legs||Up to £264,650||Covers leg injuries ranging from simple soft tissue injuries to amputation of both legs.|
|Hand Injury||From Minor to Very Severe||Up to £189,110||Covers hand injuries ranging from simple soft tissue injuries to one or more fingers, to full amputation of both hands.|
|Arm Injury||From Minor to Very Severe||Up to £281,520||Covers arm injuries ranging from simple soft tissue injuries to one or more parts of the arm, shoulder, or wrist, to full amputation of both arms.|
|Back Injury||From Minor to Severe||Up to £151,070||Covers back injuries ranging from short-term sprains of the back muscles, through to long-term loss of function due to a broken back.|
|Brain Injury||From Minor to Very Severe||Up to £379,100||Covers head or brain injuries ranging from short-term concussion through to major brain damage causing a significant loss of quality of life for the sufferer.|
|Neck Injury||From Minor to Severe||Up to £139,210||Covers neck injuries ranging from minor short-term cases of whiplash to serious fractures of the neck.|
Please note that the figures above only pertain to general damages, the compensation paid for the physical aspects of an injury. Special damages will always be unique to each claim.
Attempting to claim compensation for a personal injury against a company that has ceased trading or gone into liquidation is a tricky proposition. The likelihood of successfully claiming is lower than claiming against a company that is still operating. If you don’t manage to make a claim, then your legal fees will disappear.
We offer another option, one that protects you from any more financial loss. This is our No Win No Fee liquidation claims service. What this means is that you don’t pay us anything unless we actually win compensation for you. If we fail, you don’t pay us a penny. So, you really have nothing to lose with your claim against a dissolved company.
We have plenty of experience in securing personal injury compensation in cases like these. You will need legal help, and our No Win No Fee service makes us a logical choice.
We will aim to get the most compensation, and we will answer any questions you have about your claim. And we use simple English and no legal jargon, making it easy for you to understand what is happening.
You can call 0800 073 8804, and we will arrange a free legal consultation to assess your case. We will identify if you have a valid claim to successfully sue the company. Alternatively, you can use the web chat feature, or email us and we will contact you back.
Making a claim against a dissolved company or a company in liquidation- FAQs
How can I sue against a dissolved company?
When a company dissolves, the remaining assets belonging to the company go to the Crown (“bona vacantia”).
So, what does this mean?
When this happens, the company is off the Register of Companies and is no longer a legal entity.
What terms are necessary for me to make a claim?
You can’t claim from a company that is no longer a legal entity. So, a company must restore to the register for you to make a claim. Then, you need to fill out a Claim to Restore by Court Order and include a witness statement. A court fee of £280 is also necessary.
So, what would be the next step?
You receive an order that you must forward to the Registrar of Companies. This will restore the company, and you can then take legal action for your claim.
What could I receive in a claim against a dissolved company?
There’s no set amount of compensation when claiming against a company in dissolution or liquidation. The amount that you receive depends on your injuries and how long they affect you for.
What other elements could make up my compensation settlement?
You can also receive compensation for time off work and any medical expenses. So, the amount will depend on your personal circumstances.
And when do I receive my compensation?
This comes within 28 days following the settlement agreement.
When can I begin my claim?
You can contact us today to start your compensation claim.
This is a UK Government page explaining the process of making a claim against a dissolved company.
This is a great NHS resource to identify the specific injury from a work-related accident.
This a search tool provided by Companies House. You can find out if a company ceases trading, and in some cases, who the official liquidator is.
If you suffer an accident at work and the company closes, contact us about how to claim.
If you suffer a slip trip or a fall and the company closes, contact us about how to claim.
If you suffer an accident in a shop that closes, contact us for free advice on how to claim.
Thank you for reading our guide on making a personal injury claim against a company in liquidation.