Alberta operates a tort system with Section B first-party medical benefits and an annually-indexed Minor Injury Cap on soft-tissue claims (~C$5,488 for 2024).
Alberta operates common-law tort with Section B first-party medical benefits as an overlay. The Minor Injury Regulation caps non-pecuniary damages for defined soft-tissue injuries at an annually-indexed figure (~C$5,488 for 2024). The Andrews cap applies to non-pecuniary loss generally. Limitation is two years from discoverability.
★ statute of limitations
2 years from discoverability
Limitations Act, R.S.A. 2000, c. L-12
★ fault rule
Common-law contributory reduction
Contributory-negligence reduction under the Contributory Negligence Act, R.S.A. 2000, c. C-27.
★ AB · statutory caps
What caps recovery.
Caps and ceilings imposed by Alberta law that bear on settlement values.
Andrews cap (non-pecuniary)
Non-pecuniary loss
~C$430,000+
Andrews trilogy
Minor injury cap
Soft-tissue minor injuries
C$5,488 (2024) — annually indexed
Minor Injury Regulation, Alta. Reg. 123/2004
★ AB · key facts
What makes Alberta different.
The handful of details that distinguish this jurisdiction from its neighbours.
★Section B no-fault medical benefits + tort
★Minor injury cap for soft tissue (~C$5.5k)
★Andrews cap on non-pecuniary
★2-year limitation
★ AB · by injury
Claim values by injury type.
Settlement bands, the limitation clock, and how fault is apportioned for each injury type under Alberta law.
Common questions about personal injury claims in Alberta, answered with the relevant statutory references.
What is the statute of limitations for personal injury claims in Alberta?
2 years from discoverability. Source: Limitations Act, R.S.A. 2000, c. L-12. Filing after the period expires generally bars the claim absent a recognised tolling exception (minority, incapacity, or in some jurisdictions delayed discovery of the injury).
What fault rule applies in Alberta?
Common-law contributory reduction. Contributory-negligence reduction under the Contributory Negligence Act, R.S.A. 2000, c. C-27.
Are there caps on damages in Alberta?
Yes — Alberta applies the following caps: Andrews cap (non-pecuniary) (~C$430,000+) under Andrews trilogy; Minor injury cap (C$5,488 (2024) — annually indexed) under Minor Injury Regulation, Alta. Reg. 123/2004. See the caps section above for the conditions under which each applies.
Does Alberta operate a no-fault auto insurance scheme?
Alberta applies partial no-fault provisions. Section B benefits (first-party medical) sit alongside tort. Minor injury cap applies for soft-tissue injuries.
How are settlements typically valued in Alberta?
Practitioners and adjusters in Alberta value claims using the same building blocks applied across Canada: medical specials, future care projections, lost earnings (past and future), and general damages for pain and suffering. The fault rule (common-law contributory reduction) and any applicable cap then adjust the gross figure. Caps in this state can compress the upper end of the band materially, particularly in catastrophic-injury cases.
Should I hire a Alberta attorney for a personal injury claim?
For anything beyond a clear soft-tissue claim with admitted liability and modest damages, yes. Alberta's fault rule and any applicable caps materially affect the calculus, and adjusters value represented claims significantly higher than unrepresented ones. Most Alberta personal injury attorneys work on contingency (no fee unless you recover), with fees typically in the 33–40% range.
This page summarises the Alberta statutory framework as of 2026-05-09. It is not legal advice. Statutes change, published verdicts move, and the position within any band depends on facts the page can't see. For representation, consult an attorney qualified in Alberta. See /methodology, /sources, and /disclaimer.