Mani Ellis & Layne Accident & Injury Lawyers | December 23, 2025 | Personal Injury
When another party causes an accident or other injury, understanding the legal concept of “proximate cause” is essential to your personal injury claim. In Charleston, West Virginia, proximate cause is a key element that determines whether a defendant is legally responsible for your injuries.
This article explains what proximate cause means, provides real-world examples, and shows how it applies to personal injury cases in West Virginia.
What Is Proximate Cause in a West Virginia Personal Injury Case?
Proximate cause refers to the reason for an injury that is sufficient to support legal cause for liability. It is not simply the event that directly led to the harm. That is referred to as “actual cause” or “cause in fact.” Instead, proximate cause requires that the harm was a reasonably foreseeable consequence of the defendant’s actions or omissions.
In West Virginia, courts use the “foreseeable, natural, and probable consequence” test to determine proximate cause.
For a defendant to be held liable for economic and non-economic damages, their conduct must:
- Have been a substantial factor in causing the person’s injury; and
- The injury must have been something that the defendant could have reasonably anticipated could occur as a result of their conduct.
In other words, in the natural sequence of events, the defendant’s actions brought about the injury, and the injury would not have occurred without those actions. The burden of proof is “by a preponderance of the evidence.” A jury must agree that it is more likely than not that the defendant’s conduct was the proximate cause of the injury.
Real Examples of Proximate Cause in Charleston, WV
Common examples of proximate cause in injury cases include:
Car Accidents
A common example of proximate cause in Charleston is a car accident caused by a driver running a red light.
If a driver fails to stop at a red light and collides with another vehicle, their actions are the proximate cause of the accident. The injury would not have occurred “but for” the driver’s negligence, and the harm (the collision and resulting injuries) was a foreseeable consequence of running a red light.
Slip and Fall Accidents
In a premises liability case, if a store owner in Charleston fails to clean up a spilled liquid and a customer slips and falls, the store owner’s inaction is a proximate cause of the injury. The injury was a foreseeable consequence of leaving a hazardous condition unattended.
Workplace Accidents
Suppose a construction worker is injured due to faulty scaffolding. The contractor was negligent in failing to install the scaffolding correctly, which led to the workplace accident. The injury was a foreseeable consequence of the contractor’s negligence.
Proximate Cause and Modified Comparative Fault in Personal Injury Claims
In a personal injury case, the defense often attempts to introduce the concept of an intervening cause to challenge the link of proximate cause. An intervening cause is an event that occurs after the defendant’s negligent act but before the injury to “break the chain” of causation.
By doing so, the defense suggests the injury was the result of a separate, superseding act—potentially your own actions. Allegations like these may affect how much compensation you can recover in a personal injury case because of the doctrine of comparative fault.
West Virginia uses a modified comparative fault rule, which means liability is typically allocated to each party in proportion to their percentage of fault. If you are found to be partially at fault for your injury, your damages award will likely be reduced by your percentage of fault.
For example, if a jury finds that the defendant was 70% at fault and you were 30% at fault for your accident, you would generally only be able to recover 70% of your damages. However, if you are 51% or more at fault, you usually cannot recover any damages.
Contact Our Charleston Personal Injury Lawyers at Mani Ellis & Layne Accident & Injury Lawyers for a Free Consultation
Proximate cause can be a complex issue, especially when multiple parties are involved or when intervening causes are present. An experienced Charleston personal injury attorney can help you establish the causal link between the defendant’s actions and your injuries. If you need help with your claim, contact Mani Ellis & Layne Accident & Injury Lawyers for a free consultation.
Mani Ellis & Layne Accident & Injury Lawyers – Charleston, WV Office
10 Hale St Suite 501, Charleston, WV 25301
(304) 720-1000
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