Legal Question in Personal Injury in Virginia

Re: Should I sue?

I've always said, only semi-facetiously, that you can sue anybody for anything if you've got the filing fee for the Clerk, but it's getting any money out of the defendant that's the real trick.

Practical considerations always come into play in deciding whether to file a personal injury (or any other kind of suit). From what you describe it is certainly advisable for him to consult with an attorney about the extent of the injury and the probability of recovery.

And now for the traditional "attorney's malpractice avoidance statement":

The statute of limitations in Virginia for a personal injury is two years from the date of injury. That means you have to file the suit or settle the claim before that two years has expired. Otherwise, unless the defense attorney commits malpractice (which is highly unlikely and can't be relied upon), the defense has an absolute defense to the cause of action. It is an "affirmative" defense, which means the defense attorney must raise the statute of limitations as a defense in his responsive pleading to the law action you file. (Believe me, he almost always will.)