By Joanne Jeffries. Last Updated 11th September 2023. Within this online guide, you can expect detailed information outlining to claim against a dissolved company.
The intention behind this guide is to provide critical advice to those who intend on claiming a dissolved company, whether that be a limited company or otherwise.
There are several reasons why you should use the services of a personal injury lawyer to make an accident at work claim. Here at Accident Claims UK, we have helped many personal injury claimants to gain the injury compensation they truly deserve when making a claim against a company in liquidation.
You can reach us on 0800 073 8801. However, don’t call just yet – make sure you read the information we’ve collated for you to find out everything you will need to be aware of regarding these sorts of claims.
Claim against a dissolved company or liquidated company
Choose A Section
- A guide to claims against a company that has been liquidated, dissolved or closed
- What happens when a business is liquidated or dissolved?
- How to claim against a company that has closed down
- What types of damages can be claimed for?
- How much could I claim from a company which is no longer trading?
- No Win No Fee claims against companies no longer trading
- Speak to our team today to claim against a dissolved company
- Other helpful resources relating to a claim against a dissolved company
A guide to claims against a company which has been liquidated, dissolved, or closed
The first thing you need to do is determine whether you have a case to begin with. The last thing anyone needs is to waste all their time making a claim only to discover they never had a chance of getting any compensation to begin with. So, do you have a good chance of getting compensation? Generally, you need to prove the following three statements to be true…
- The incident was caused because of someone else’s error or negligence. It was not at all your fault.
- You received professional medical attention as a result of your injury/ies.
- The accident happened within the last three years.
If you can prove those three statements to be true, then you should definitely explore making a claim further. In this guide, we will reveal everything you are likely to need to know about making a personal injury claim against a company in liquidation, a company that has shut down or a dissolved company. If you have any queries, you will find all of the information you need regarding our contact details at the end of the guide.
What happens when a business is liquidated or dissolved?
Before we look at how to claim against a dissolved company, let’s familiarize ourselves with what liquidation actually is and when a business owner can close a company.
When a business is liquidated, it means that the business is no longer financially viable. Therefore, the owner has decided to try and wind up affairs gracefully, meaning an effort is being made to pay back creditors.
When a company has dissolved, this means it has filed for dissolution with the registrar of companies, Companies House, and ceased operation. In some cases, it may be possible to restore the company by court order or by request. If there has been an order to restore by court order, we could tell you what that could mean to your claim. We could also advise what could happen if a claimant commences a proceeding to restore and what this means to the shareholders of the dissolved company, whether they would be liable for a share of the claim.
How to claim against a company that has closed down
If you want to claim against a dissolved company, you will need several different things. This includes the following:
- The complete details of what happened, i.e. where, when and how your injury occurred.
- Details of any witnesses so your lawyer could get a witness statement for you
- The contact information of the business you are going to be claiming against. Should you also know the insurer of the business, you can note this as well.
- A complete medical report that states all of your injuries.
- A list of all of the financial losses you have experienced because of the accident.
- Details of the official liquidator if indeed the business has gone into liquidation.
What types of damages can be claimed for?
When it comes to using accident lawyers’ services for making a claim against a dissolved company, you probably recognise that their duty is to ensure you receive the compensation you deserve to help you recover from the damage you have suffered. But, did you know that they will also work to secure a payout for any out of pocket expenses you have encountered because of your injuries? These are known as special damages.
To claim special damages, you simply need to be able to prove that you have only incurred expenses in question because of the injuries you sustained. You will also need to have proof of the cost, such as a receipt or any relevant document.
Examples of special damages that could be part of a claim against a dissolved company:
- Medical costs – There is only one place to begin, and this is with medical costs. If you have been injured, there is a very high chance that you will need to spend money on a prescription or any treatments. You will be able to claim for this when using the services of accident lawyers.
- Loss of income – Have you suffered a loss of income due to your inability to work while you recover? If so, this also counts as special damages. Unfortunately, not everyone is covered by sick pay, and so an injury can cause a lot of financial worry to the injured party. But, this is what a compensation claim is all about; ensuring you get the money you deserve to help you through it.
- Counselling expenses – It is not uncommon for personal injury victims to require counselling to help them get over the situation. After all, some incidents can be very traumatic, and thus it’s necessary to seek professional assistance. If you find yourself in this position, make sure you claim for the counselling costs when making your claim. You could also claim for psychological injuries.
- Childcare costs – Last but not least, if you have had to pay for childcare while you recover, you can also make a claim for this.
How much could I claim from a company which is no longer trading?
If you’re eligible to make a claim against a company that is no longer trading, and your claim is successful, your payout could include general damages and special damages. As mentioned above, special damages could include loss of earnings, care costs and other out-of-pocket expenses caused by your injuries.
General damages compensate you for the pain and suffering caused by your injuries. To get an idea of how much could be appropriate, solicitors could refer to the Judicial College Guidelines (JCG). This is a publication that provides guideline compensation payouts for a range of injuries at different severities.
We have used some figures from the 16th edition of the JCG to populate the table below. This could give you some idea of how much certain injuries could attract in compensation. However, these are only used as a guide.
| Injury | Severity | Amount |
|---|---|---|
| Neck Injury | Severe (a)(i) – Injuries that are associated with incomplete paraplegia or spastic quadriparesis, or where the person has little to no movement in the neck. | In the region of £148,330 |
| Neck Injury | Moderate (b)(i) Severe immediate symptoms. Spinal fusion may be required or there may be chronic conditions that have referred symptoms. | £24,990 to £38,490 |
| Back Injury | Severe (a)(i) Nerve root and spinal cord damage resulting in serious consequences. | £91,090 to £160,980 |
| Back Injury | Moderate (b) (i) Residual disability is less severe. Examples include crush fractures with risk of osteoarthritis and traumatic spondylolisthesis. | £27,760 to £38,780 |
| Hand Injury | Total or Effective Loss of Both Hands (a) | £140,660 to £201,490 |
| Hand Injury | Total or Effective Loss of One Hand (c) | £96,160 to £109,650 |
| Knee Injury | Severe (a)(i) considerable pain and loss of function. Arthroplasty or arthrodesis would be needed in the future or may have already taken place | £69,730 to £96,210 |
| Knee Injury | Moderate (b)(i) Dislocations, cartilage injuries, or meniscus tears resulting in wasting, instability or weakness. | £14,840 to £26,190 |
| Toe Injury | Amputation of All Toes (a) | £36,520 to £56,080 |
To get a personalised estimate of how much compensation you could get by successfully making a claim against a company that has dissolved, please contact an advisor.
No Win No Fee claims against companies no longer trading
If you’re eligible to make a claim against a company that is not trading anymore, you may wish to get help from a solicitor. Solicitors could assist in putting together a body of evidence to support your claim, and they could negotiate for compensation on your behalf.
One of our solicitors could offer to take on your claim under a No Win No Fee agreement, such as a Conditional Fee Agreement. This typically means you would not pay for their work until your claim ends and compensation comes through. When it does, they would deduct a small percentage of your payout as a success fee.
If your No Win No Fee claim is unsuccessful, you typically would not have to pay for the solicitor’s work on your case.
To learn more about making a claim against a company that has dissolved, or to check if one of our No Win No Fee solicitors could help you, please contact an advisor.
Speak to our team today about a claim against a dissolved company
If you’ve been involved in any type of accident and it was not your fault, you should call Accident Claims UK today on 0800 073 8801 to discuss making a claim against a dissolved company.
claim against a dissolved company
This is our helpline number and it is available seven days per week, 24 hours per day, so you can call at any time that suits you. There are also a number of other ways you can get in touch with us. This includes sending an email or using the live chat feature at the bottom of our website.
Other helpful resources relating to a claim against a dissolved company
Below, you can find some more useful resources on making a claim against a dissolved company:
- Government Website on Claiming money/property from a dissolved company – This UK Government website page has some insight into the process of claiming compensation against a dissolved company.
- This Is a companies house search tool – This a good search tool provided by Companies House you can search companies and find out if a company has ceased trading also find out who the liquidator is.
- Bona Vacantia – This explains what bona vacantia means for vacant properties and items that pass to the Crown after a company is dissolved.
- What to do if you’re making a claim against the workplace? – Claiming against a place of work? Read this guide for more reference material.
- Know your rights after a accident at work – Find out what rights you have after workplace accidents