Fracture settlements
in Western Australia.
Western Australia operates a CTP scheme via Insurance Commission of WA with non-pecuniary loss capped under the Civil Liability Act 2002 (WA). For fracture claims specifically, the Australia band on this page is adjusted for Western Australia's common-law contributory reduction and any applicable statutory cap.
Western Australia applies the common-law contributory-reduction framework for fracture claims, with the apportionment determined on the facts rather than by statutory bright line. The discretion gives judges and juries flexibility in mixed-liability fracture cases, and outcomes track closely to the perceived reasonableness of the claimant's conduct.
Western Australia's caps (non-pecuniary loss cap) apply to the non-economic component of fracture damages and can compress upper-tier verdicts. The exact application depends on the cause of action and the head of damage; the caps section on this page sets out each ceiling and the conditions under which it bites.
The Australia band is the starting point. Western Australia's fault rule and any applicable cap then adjust the figure.