Do I have a case and can I sue?

You would definitely have a claim against the people who killed your son.  There is no question about that.  However, it is unlikely that an attorney would take such a case on a contingency basis, if the individuals do no have any assets.  This means that you would have pay a lawyer by the hour and then hope that you would collect money at the end, which is highly speculative.  Please note that there is generally a two-year limitation period in Virginia for personal injury type claims, which means you would only have until 4/11/13 to file suit, based on the date of the incident that you listed.  After that date, you would be forever barred from pursuing this legal claim, unless there is another cause of action that may have a longer time period, but nothing occurs to me right now.  You may want to seek a second opinion. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.