Fracture settlements
in Alberta.
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). For fracture claims specifically, the Canada band on this page is adjusted for Alberta's common-law contributory reduction and any applicable statutory cap.
Alberta 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.
Alberta's caps (andrews cap (non-pecuniary), minor injury 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 Canada band is the starting point. Alberta's fault rule and any applicable cap then adjust the figure.