More, facts, such as whether you have a police report and whther the driver received a ticket, or if there are any witnesses would be helpful. But here is some general advice for personal injury claimants.
1. Do NOT make any statements to the driver's insurance company about how the accident happened.
2. Make sure you receive prompt medical care, and follow the ER or Dr's advice about future treatment and/or care. Keep copies of all medical bills
3. If you are missing time at work due...
More information would be needed to determine whether a lawsuit is a good idea. You do not state the amount of your son's medical bills, when this incident happened or if your son has or will make a full recovery, and these are all important considerations. But, in my experience, Walmart does settle the majority of negligence claims brought against it if the case has real merit.
A settlement of your claim should include an evaluation of your future wage loss, subject to Virginia's 500 week limitation, as well as your permanenet partial disability rating. In addition, you may not want to settle your case at all, if you will require future medical care, such as having the rods removed from your leg. I strongly recommend you consult with an attorney who has expertise in representing injured workers in WC claims and I would be happy to give you a free consultation,...
If you have a Virginia WC claim, the employer or its WC Insurer is supposed to give you a list of three or more Drs. to choose from. It is up to the Drs office to decide if they will allow your employer to come to your medical appointments but if you tell the Dr. you don't want your employer in the examining room, in my experience most Drs will respect these wishes and just meet with the employer after the examination.
More facts are required to give an accurate answer to your question about what would constitute a fair settlement fo your claim. Some of these are: Have you received wage loss benefits while you were completely disabled? What were the phyiscal requirements of your pre-injury job. You should consult with an experienced WC attorney to help you get the best settlement possible.
You should immediately consult with an attorney who focuses on representation of Virginia WC claimants, and there are several in the RIchmond area. If your case goes to a hearing, the decsion will be mailed to you, but it is a bad idea to go to a hearing without being represented by a knowledgable and experienced WC attorney.
You should consult with a lawyer in your area to pursue a workers' compensation claim against your employer, and to see if a negligence claim can and should be made against anyone who is not your empoyer or co-employee and whose carelessness caused the accident.
The title of your question indicates your friend has a lawyer, but it is not possible, based on the information provided, to know if the lawyer doing a good job. Sounds like this case needs a hearing, and that one has been scheduled. I would recommed that your friend meet with his lawyer and get specific information on what the lawyer is doing to resolve the problems specified in your question.