EMG confirmed radiculopathy accident attorney

Electromyography and nerve conduction studies convert a claim about radiating pain into a measurement. Where an MRI shows a herniation and a person reports symptoms, a carrier argues that the imaging finding is incidental and the symptoms subjective. Electrodiagnostic testing showing active denervation in the muscles supplied by a specific nerve root answers that directly. Law Offices Of SRIS, P.C. handles spinal injury claims in Virginia, Maryland, the District of Columbia, New Jersey and New York.

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What the testing measures

Nerve conduction studies measure how well signals travel along peripheral nerves and help exclude alternative explanations such as peripheral neuropathy or a compression at the wrist or elbow. Electromyography records electrical activity within muscles using a fine needle, identifying changes that indicate the muscle has lost its normal nerve supply. Because each nerve root supplies a known group of muscles, the pattern of abnormality localises the problem to a specific root — and that localisation is what makes the study valuable.

Why this satisfies an objective-findings requirement

The results do not depend on what the patient reports. Findings of denervation are electrical measurements recorded by the examiner. Where a jurisdiction or an insurance framework requires objective findings for non-economic recovery, a properly performed study showing radiculopathy at a level matching the imaging and the clinical examination is among the strongest evidence available.

Timing matters

Testing performed too early can be falsely negative, because the electrical changes that indicate denervation take time to develop after the nerve is compressed — commonly several weeks. A study performed in the first days after an injury may therefore show nothing despite a genuine radiculopathy. Repeat testing later can document whether the problem is resolving or persisting, which bears directly on permanence.

How carriers attack these studies

By pointing to a normal study as proof there is no nerve injury, when a normal result is common in radiculopathy that is purely sensory or that has already begun to resolve. By arguing the findings are chronic rather than acute. By attributing abnormalities to diabetes, peripheral neuropathy or a compression elsewhere in the limb. By challenging the technique or the interpreting clinician. Careful study design and a qualified interpreter address most of this in advance.

Using the results properly

The study localises; it does not by itself date the injury or establish cause. The value comes from convergence: an imaging finding at a level, a clinical examination pattern matching that level, and electrodiagnostic abnormality in the muscles supplied by that same root. When all three align and the person had no prior symptoms, the picture is coherent and difficult to attribute to incidental degeneration.

Available insurance coverage

What can be recovered is limited by what coverage exists. The at-fault party’s policy is the starting point, but it is frequently not the only source: the injured person’s own uninsured and underinsured motorist coverage, household policies, employer coverage where a vehicle was used for work, umbrella and excess layers, and the coverage of any additional responsible party can all apply. Underinsured coverage typically requires notice and consent before any settlement with the at-fault party — settling first can forfeit it. Identifying every available layer is early work, not closing work.

How damages are categorised and proven

Damages are not a single number that gets negotiated. They are separate categories, each proven by different evidence. Past medical expense is proven by billing records and the reasonableness of the charges. Future medical expense requires a physician’s opinion that the care is reasonably certain to be needed. Lost income is proven by employment and tax records; lost earning capacity is a different and larger question requiring vocational and economic analysis. Non-economic loss — pain, limitation, and the effect on daily life — is proven through the medical record and through testimony from people who can describe specific changes rather than general decline. No one can responsibly tell you what a case is worth before that evidence exists, and any figure offered at the outset is a guess.

Filing deadlines

Every injury claim is governed by a statute of limitations, and the periods differ by state and by claim type. For personal injury actions the period is two years in Virginia under Va. Code § 8.01-243(A), accruing at the date of injury; three years in Maryland under Md. Code, Cts. & Jud. Proc. § 5-101; three years in the District of Columbia under D.C. Code § 12-301(8); two years in New Jersey under N.J.S.A. 2A:14-2; and three years in New York under N.Y. C.P.L.R. § 214(5). These are general periods. Discovery rules, tolling for minors and incapacity, claims against government entities — the District imposes a six-month notice-of-claim requirement for claims against the District government — and claim-specific statutes can shorten or extend them. Do not rely on a general period for your own case; have the deadline confirmed on your facts.

Frequently Asked Questions

What is an EMG and nerve conduction study?

Two related tests. Nerve conduction studies measure how signals travel along nerves using surface stimulation. Electromyography records electrical activity inside muscles with a fine needle. Together they identify whether a nerve is not functioning normally and, from the pattern of muscles affected, which nerve root is involved.

Does it hurt?

The nerve conduction portion involves brief electrical pulses that are uncomfortable rather than painful. The needle portion involves a fine needle inserted into several muscles, which most people find tolerable though not pleasant. It generally takes under an hour. There is no preparation beyond avoiding lotion on the skin.

My study was normal but I have real symptoms. What does that mean?

A normal study does not exclude radiculopathy. Purely sensory radiculopathy commonly produces no electromyographic abnormality, and findings may have resolved by the time of testing or not yet developed if it was done very early. It is one piece of evidence, and its absence is not proof that nothing is wrong.

When should the test be done?

Generally several weeks after the injury rather than immediately, because the changes indicating denervation take time to develop. A study performed in the first days can be falsely negative. Your physician will advise on timing based on your symptoms.

Why does the test matter for my claim?

Because it produces objective findings that do not depend on your report. Where a carrier argues that an MRI finding is incidental and your symptoms are subjective, electrical evidence of denervation in the muscles supplied by that specific nerve root is a direct answer, and it is particularly valuable where a threshold applies.

Can the test show whether the injury is new?

It can distinguish acute from chronic changes to a degree, and repeat testing showing a change over time is informative. It does not date an injury precisely. Its value is localisation — establishing which root is affected — which then combines with the imaging and the clinical history to establish the picture.

Could my diabetes affect the results?

It can. Diabetes and other causes of peripheral neuropathy produce their own abnormalities and can complicate interpretation, which is why the nerve conduction portion is used to identify them. A qualified interpreting clinician accounts for this, and it is another reason the study should be performed by someone experienced in it.

How long do I have to bring a claim?

Two years in Virginia and New Jersey, three years in Maryland, the District of Columbia and New York for personal injury actions, subject to tolling and discovery rules. Because testing is most informative some weeks after injury and may need repeating, factor that into the timeline rather than leaving it late.

About Mr. Sris

Mr. Sris is the owner and founder of Law Offices Of SRIS, P.C., which has practiced since 1997. He is a former prosecutor and is admitted in Virginia, Maryland, the District of Columbia, New Jersey and New York. Of Counsel attorneys contract directly with the firm and handle matters alongside him. In 2019 Mr. Sris testified before the Virginia House Courts of Justice Committee on House Bill 635.

Speak with Mr. Sris

Injury claims are governed by filing deadlines that vary by state and by claim type, and evidence degrades quickly. Request a consultation. Reach our location at (888) 437-7747. Consultations are by appointment.

Last reviewed: August 22, 2026.

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