An individual who brings a claim or lawsuit against another driver in an auto wreck for injuries sustained is known as an auto accident plaintiff or claimant or a complainant. The plaintiff is the one, who is claiming damages for injury; who is seeking redress of a wrong.

In a motor vehicle crash case the plaintiff must prove that the other driver was negligent. In other words, it must be proven that the other driver failed to use that degree of care in operating his or her vehicle which would be required of a reasonably prudent driver under similar circumstances.

In order to successfully state a claim for negligence, an auto accident plaintiff must show not only the subjective experience of anger, grief, humiliation or mental distress. The plaintiff must also prove through objective evidence that he has been harmed.

Courts will not allow an auto accident plaintiff to simply appear in court. He must have sought treatment from a medical expert that confirms that you have indeed suffered some type of mental anguish. A plaintiff may have a claim for wrongful death against the operator of a motorized vehicle where said person has operated his or her vehicle negligently causing a mishap which results in the death of another. Typically, this claim is asserted in instances in which the defendant has been criminally convicted of alcohol.

An auto accident plaintiff may also have a claim for loss of consortium in instances where a family member or spouse is severely injured or dies as the result of an automobile crash.

In the spousal point of view, loss of consortium may be proven by showing that the relationship, both physically and emotionally, has been damaged as a result of the motor collision. In the familial point of view, parents of a child or an adult child who is dependent on his parents for support may have a claim for loss of consortium where the child has been seriously injured against any person who is legally responsible for causing such injury.

If alcohol or drugs were involved a jury could award the plaintiff more money in order to punish the negligent driver and make a point that drunk driving is not tolerated. A jury is more likely to be sympathetic to an auto accident plaintiff if they believe you are presenting an accurate picture of the accident and not exaggerating the injuries.

Once again, you will need an attorney to ensure that you have properly asserted all the claims upon which you are entitled to recovery. You should always seek advice and counsel of a competent attorney prior to initiating any type of legal proceedings against another.