Hello again Anthony,
My name is Ben. I'm a licensed attorney. Glad to try and help out.
Sure sorry for the circumstances, truly. My heart goes out to you good folks.
I commend you for being an obviously concerned parent.
Yes, you absolutely do need to confer with legal counsel, and here's why I say so especially under these circumstances. On account of a legal doctrine called sovereign immunity, as well as more specifically the Virginia Tort
Claims Act, special procedures and heightened notice requirements apply. All of that means such litigation
is not something reasonably handled by an unrepresented party. I would be lying or doing you a serious disservice to say otherwise.
Now, having said all of that, here's some good news.
Here is a trustworthy and economical resource for scheduling a consultation:
North Carolina Lawyer Referral Service
That's a very handy general resource, but here are some more specific thoughts as pertains to your specific dilemma.
Having carefully read and considered everything you posted, here is what I would recommend based on the information you have shared. I would have your case screened on the merits by a criminal law trial attorney. To help folks in this online venue, I am required to follow site rules including refraining from accepting cases and/or making direct referrals to named attorneys. However, I can tell you where I would turn were I in your very shoes. Toward that end, my very next step would be to take advantage of the resources of the non-profit, American Bar Association accredited, National Board of Trial Advocacy Division of the National Board of Legal Specialty Certification. Here is a listing of all such Board Certified Criminal Trial Advocates practicing in your jurisdiction (please just click the following link):
It's a very short and manageable list, which I would suggest you keep for future reference. These practitioners would be considered by many of their peers to represent the "cream of the crop", so to speak. Now, there are certainly many highly capable folks not mentioned on that list, as well, but for the most reliable source, that would be my personal pick.
If you have a follow-up question or need clarification, please just say the word by using "reply" to reach me.
I truly hope all works out for you and your entire family.