Personal Injury (Small Claims) in Texas: Small Claims Court Process
This page describes when personal injury claims may be filed in Texas Justice Court (small claims court). Small claims court is appropriate for personal injury cases where the total amount claimed — including medical expenses, lost wages, and other damages — is $20,000 or less. For claims above $20,000, a higher court is required. This page is informational — it describes the process and what Texas law states. It is not legal advice.
Common Situations
- A slip and fall on a business's premises caused a minor injury with medical bills under $20,000
- A dog bite caused injury and the owner's insurance or the owner directly has not paid
- A vehicle accident caused minor injuries not covered by insurance or where the at-fault party has no insurance
- An injury occurred at a rental property due to the landlord's failure to maintain safe conditions
- A person was injured due to another individual's negligence in a situation where total damages are modest
Your Options
File with the at-fault party's insurance
If the responsible party has liability insurance (homeowner's, auto, business), filing an insurance claim is typically the first step. The insurer may settle the claim without going to court.
Flash Justice: Flash Justice does not handle insurance claims — contact the responsible party's insurance company directly.
Send a demand letter
A formal written demand to the responsible party (or their insurance company) requesting compensation for documented medical expenses, lost wages, and other damages.
Flash Justice: Flash Justice provides general demand letter templates — for personal injury claims, a licensed attorney may be advisable.
File in Texas small claims court
For total damages of $20,000 or less, Texas Justice Court allows you to file without an attorney. For larger injury claims, County Court at Law or District Court may be appropriate, and an attorney is typically recommended.
Flash Justice: Flash Justice prepares your JP Court petition and documentation package for claims within the small claims limit.
Documentation Courts Typically Request
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Flash Justice helps you prepare your Texas small claims court petition and documentation package.
The Filing Process
Texas Legal Context
Personal injury claims in Texas are generally based on negligence — the defendant must have owed a duty of care, breached that duty, and caused the plaintiff's damages as a result. Texas Civil Practice & Remedies Code Chapter 33 establishes a modified comparative fault rule (the "51% bar rule"): if you are found 51% or more at fault, you cannot recover. If you are 50% or less at fault, your recovery is reduced by your percentage of fault. Texas Civil Practice & Remedies Code Chapter 16 establishes the statute of limitations.
Texas Justice Court handles civil disputes up to $20,000 (excluding statutory interest and court costs). Personal injury claims above $20,000 require filing in County Court at Law or District Court.
Personal injury claims in Texas are generally subject to a 2-year statute of limitations under Texas Civil Practice & Remedies Code Section 16.003, running from the date of the injury. This is a general reference — consult official Texas courts resources or a licensed attorney.
File in the Justice Court in the county where the defendant resides or where the incident occurred. Find your county's JP Court at txcourts.gov.
Important Notes
- For personal injury claims above $20,000, file in County Court at Law or District Court — not Justice Court.
- Medical documentation is critical — without it, courts have little basis to evaluate your claimed damages.
- The 2-year statute of limitations for personal injury claims in Texas is a hard deadline — do not delay filing if it is approaching.
- Flash Justice helps you prepare your court filing — the judge makes all legal determinations.
Frequently Asked Questions
Ready to File Your Claim?
Flash Justice helps you prepare your Texas small claims court petition and documentation package — so you can file at your local Justice Court with everything in order.
This guide is for general informational purposes only and does not constitute legal advice. Flash Justice is not a law firm and does not provide legal representation. The information on this page reflects general Texas small claims court procedures and may not apply to your specific situation. For legal advice about your case, consult a licensed Texas attorney.