When most people think about rehabilitation in personal injury claims, they picture severe, catastrophic injury cases. These are serious, life-changing events that demand urgent intervention. But this narrow view overlooks the fact that rehabilitation is equally transformative in moderate and minor trauma cases. A fractured limb or musculoskeletal injury may not be life-threatening, but if left untreated, it can derail employment, independence, and diminish the individuals quality of life for months or years.
For solicitors and insurers, this raises an important point in that rehabilitation should be considered in every case, and speed of access is key to its success.
The Personal Injury Pre-Action Protocol already reinforces this and recommends that parties should consider “as early as possible whether the claimant has reasonable needs that could be met by medical treatment or other rehabilitative measures.” The Rehabilitation Code is also referenced as a helpful guide for identifying claimant needs and addressing costs. Both the Protocol and the Code make it clear that rehabilitation is not an optional extra, but a recognised best-practice step that benefits all parties.
Early access delivers better outcomes
HCML’s rehabilitation data shows that clients with moderate injuries who receive early intervention experience faster recovery, fewer complications, and improved functional outcomes. NICE guidelines support this approach, emphasising that rehabilitation should be based on complexity of need rather than headline severity of injury.
For solicitors, early instruction means injured clients can access physiotherapy, psychological support, or vocational assistance within days or weeks of the incident. This means quicker recovery, reduced long-term costs, and a smoother claims journey.
The solicitor’s role in driving rehabilitation
Under the Rehabilitation Code, both parties have a duty to address the claimant’s rehabilitative needs irrespective of liability. Rehabilitation operates outside of the litigation process, and the claim itself should not be a barrier.
The Immediate Needs Assessment (INA) is the foundation of effective rehabilitation. For solicitors, commissioning an INA promptly ensures the right interventions are put in place without delay. Early instruction under the Code of Best Practice (2015) also encourages collaboration between claimant and compensator, avoiding disputes and speeding up agreement on next steps.
Timing here is critical. Delays in obtaining an INA often lead to deterioration in health, both physical and psychological making recovery longer, more complex, and ultimately more expensive. Securing consent for information-sharing at the outset also avoids unnecessary administrative hurdles and ensures compliance with data protection rules.
Case study: Mr X
Consider Mr X, a 46-year-old man injured in a road traffic accident that left him with a lower limb fracture. At first glance, this was a moderate trauma case. Yet the impact was significant: he struggled with mobility, suffered anxiety, and found daily activities such as childcare and shopping impossible.
An INA revealed these barriers and led to a tailored rehabilitation plan. This included physiotherapy, occupational therapy, hydrotherapy, and cognitive behavioural therapy (CBT). Practical measures such as transport assistance were added to remove logistical obstacles.
The outcome was striking. Within 12 weeks, Mr X returned to work on a phased basis, regained mobility, and significantly reduced his reliance on family support. This holistic, biopsychosocial approach improved not just his physical health, but also his confidence, independence, and employability.
For insurers and solicitors alike, the lesson is clear: rehabilitation works, even in non-catastrophic cases.
Best practice for solicitors
To achieve the best results possible for an individual, solicitors must adopt a proactive and collaborative approach:
- Early instruction: Commission the INA within days of injury where possible.
- Detailed briefing: Provide clear context to rehabilitation providers to ensure tailored recommendations.
- Collaboration: Work closely with insurers, medical professionals, and providers to avoid duplication or gaps.
- Continuous monitoring: Track progress and adapt support as the client’s needs evolve.
The case for rehabilitation is both clinical and economic. Early intervention helps claimants recover faster, reduces dependency, and minimises secondary complications. HCML’s experience shows that in moderate trauma cases, early rehabilitation can cut recovery times by up to 30%.
Delaying rehabilitation until litigation progresses almost always results in poorer outcomes, making speed the priority. Over-reliance on NHS provision can also leave gaps that slow recovery. Psychological and vocational issues must be addressed alongside physical ones as without them, sustainable recovery is unlikely. Finally, recommendations should always be evidence-based to secure buy-in from all parties.
For claimants, the benefits are clear: improved quality of life, restored independence, and greater confidence in both the legal process and those supporting their recovery. For solicitors and insurers, the gains include stronger client relationships, reduced long-term costs, and more efficient claim resolution.
Rehabilitation: the rule, not the exception
Every injury, whether catastrophic, moderate, or minor has the potential to disrupt lives, strain relationships, and prolong dependency. By embedding rehabilitation as a standard consideration in all cases, solicitors and insurers can deliver better outcomes for claimants while also strengthening trust and efficiency across the claims process.
At HCML, our view is that speed and collaboration is key. The sooner injured individuals access rehabilitation, the faster they recover, the less they suffer, and the more effectively claims can be managed.