Frequently Asked Questions

If you think you have a legal claim, your first step is finding a lawyer to represent you. You can contact Thomas & Wan to discuss your claim by filling out a form or by calling 713.529.1177. A lawyer will evaluate your case.

Use an attorney who has experience dealing with your type of claim and a proven track record of success. Ask about experience, how long they've practiced, how much time they spend on cases like yours, and whether they will personally handle the case or refer it to another firm.

Linda Laurent Thomas and Michelle Wan have extensive experience handling personal injury matters and are routinely asked to handle difficult cases by other law firms. They approach practicing law as a profession, not a factory. They handle cases with personal service and focus on results, keeping you informed of your options.

Most personal injury firms, including Thomas & Wan, work on a contingency basis. This means you only pay for services if there is a verdict or settlement. If no recovery is made, you pay nothing.

The first part of the lawsuit process is called discovery. In this phase, both sides gather evidence and information that proves or disproves the claim.

You may answer written questions (interrogatories) regarding personal information, witnesses, injuries, medical treatment, and other details. Your lawyer or paralegal may request additional information to strengthen the case.

A deposition is testimony under oath recorded for later use in court. The attorneys will ask questions, and a court reporter records testimony. Your attorney will prepare you and be by your side to ensure the process is fair.

Mediation is a meeting with all parties to attempt settlement. A neutral mediator helps communicate between sides. Courts often require mediation before trial.

A judge or jury determines responsibility and damages. If Thomas & Wan wins a settlement or verdict, the fee is taken from that recovery.

Yes. Consent forms are designed to inform you of the known risks of a procedure, but they do not give healthcare providers a license to be negligent. If your injury was caused by a deviation from the standard of care rather than a known complication, you may still have a case.

No. It is illegal for medical providers to retaliate against patients for filing a lawsuit. Furthermore, most doctors carry malpractice insurance specifically for these situations, and the legal process is handled through their insurance company and legal counsel.

While the terms are often used interchangeably, medical negligence is the act of providing care that falls below the accepted standard. Medical malpractice is the legal term for when that negligence results in actual harm or injury to the patient.

Yes. In Texas, non-economic damages (like pain and suffering) are generally capped at $250,000 against individual physicians and $500,000 total if hospitals are also involved. However, there are no caps on economic damages, such as past and future medical expenses or lost earning capacity.

In Texas, the general statute of limitations for medical malpractice is two years from the date of the negligent act or omission. However, important exceptions apply: for minor children, the statute may be tolled until the child turns 14 — giving families until the child's 16th birthday to file. There are also rules governing when the clock starts for cases involving continuing treatment or delayed discovery of the injury. Because these rules are complex and missing a deadline bars your claim forever, it is critical to consult with a medical malpractice attorney as soon as possible.

Yes. In Texas, certain surviving family members (spouses, children, and parents) can file a wrongful death claim if medical malpractice resulted in the death of a loved one. These claims generally must be filed within two years of the date of the incident.

First, focus on getting proper medical care to address the error. Document everything you remember, request a full copy of your medical records, and avoid signing any statements or settlements from the hospital's risk management department. Finally, contact an experienced medical malpractice attorney as soon as possible.