It's very clear to me that he was trying to beef up his claim with the IIED since there is absolutely nothing in his medical records which supports his claim of IIED. Would this make a good abuse of process claim? From my understanding, you don't have to prove all of the claims were problematic, just one is enough.
you need an attorney.
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IIED stands for intentional infliction of emotional distress, so I'm not sure how medical records would provide support for that claim. It relates to your conduct at the scene and the plaintiff's reaction to it. Assuming you were insured at at the time of the accident, you should discuss the case with the attorney that is retained to represent you. You may need to retain an additional attorney if the insurance company denies coverage for the IIED and assault and battery claim. Typically an abuse of process claim is asserted after the original claim is defeated, so you may wish to focus on that.
If you caused this accident then your insurance will defend you. It might e a good idea to have a consultation with a criminal lawyer if they do bring charges. We're their any witnesses or evidence of what happened?
You should be working with your insurance company on these issues. They will hire a lawyer for you to handle all these issues.
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