Radiofrequency ablation facet injury lawyer

Not all spine pain comes from discs. The facet joints — the small paired joints at the back of each spinal segment — are a recognized source of neck and back pain after a collision, and they are frequently overlooked because they are not what an MRI report leads with. Radiofrequency ablation treats them by interrupting the nerves that carry their pain signals. 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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How facet pain is identified

MRI may show facet joint changes but does not establish that a joint is generating pain, since such changes are common in people with no symptoms. Diagnosis is made through controlled diagnostic blocks: anaesthetic is placed at the small nerves supplying a specific joint, and if the pain reliably reduces, that joint is implicated. Two concordant blocks are commonly required before ablation, and that documented double response is the objective evidence supporting the diagnosis.

Why the diagnostic blocks matter

A reproducible response to controlled blocks at a defined level is objective evidence produced by a procedure rather than by self-report. Where a threshold requires objective findings, a documented concordant response across two separate blocks, followed by ablation, is a considerably stronger record than a diagnosis of facet pain asserted on symptoms alone.

What ablation involves and how long it lasts

A needle is positioned under imaging guidance beside the small nerves supplying the joint, and heat is used to interrupt them. Relief typically lasts months rather than permanently, because the nerves regenerate, and the procedure is commonly repeated. That recurring need is important to the claim: it is not a one-time cost but a repeating one, potentially over many years, and it should be projected rather than costed once.

How carriers attack these claims

That facet changes are degenerative and universal with age. That the diagnosis rests on the patient reporting relief. That repeated procedures are excessive. That relief demonstrates the problem is resolved. The response is the controlled block protocol — particularly two concordant responses — the documented pre-collision function, and an explanation that repetition is inherent to how the treatment works rather than evidence of over-treatment.

Building the claim properly

Establish the pre-collision baseline. Establish the mechanism — facet injury is associated with the rapid extension and rotation typical of rear impacts. Ensure the diagnostic block protocol and the responses are documented at each stage. Where ablation is providing recurring relief, obtain an opinion on the expected frequency of repetition over time, because that recurring future cost is a substantial component that is routinely omitted.

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 are the facet joints?

The small paired joints at the back of each spinal segment that guide and limit movement between vertebrae. They have their own nerve supply and are a recognized source of neck and back pain, particularly after the rapid extension and rotation that occurs in a rear impact.

How do you know my pain is coming from a facet joint?

Through controlled diagnostic blocks. Anaesthetic is placed at the small nerves supplying a specific joint, and a reliable reduction in pain implicates that joint. Two concordant blocks are commonly required before proceeding to ablation, and that repeated response is what makes the diagnosis defensible.

Why does an MRI not show it?

MRI can show facet joint changes, but such changes are common in people without symptoms, so imaging cannot establish that a particular joint is generating pain. That is precisely why the diagnostic block protocol exists — it tests the joint functionally rather than by appearance.

What does radiofrequency ablation do?

Uses heat delivered through a needle, positioned under imaging guidance, to interrupt the small nerves carrying pain signals from the joint. It does not repair the joint; it interrupts the signal. The procedure is performed with local anaesthetic and often light sedation.

How long does the relief last?

Typically months rather than permanently, because the treated nerves regenerate over time. The procedure is then commonly repeated. That recurring cycle is inherent to the treatment rather than a sign of failure, and it means the future cost is repeating rather than one-off.

Will the insurer say repeated procedures are excessive?

It is a common argument, and it misunderstands the treatment. Repetition is expected because the nerves regenerate. The response is a clear clinical record showing documented benefit from each cycle and a physician’s explanation of why repetition is inherent to how the procedure works.

Should the future cost be included?

Yes, and it is frequently omitted. Where you are obtaining recurring benefit from ablation, the expected frequency of repetition across your remaining lifetime is a legitimate and substantial future-care cost. It requires a physician’s opinion on the anticipated interval, obtained before the claim resolves.

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 and to shorter notice requirements where a government entity is involved. Confirm the deadline on your own facts.

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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