What are my options if I was physically attacked in Chicago on a city bus by another passenger for no reason?

After filing a police report, I contacted the Transit Authority and a supervisor told me they would do everything they could to find out what happened, that it was top priority. Then 2 weeks later, I called to follow up, only to be told by the same supervisor that they viewed the security tape, found nothing, and that it was my fault for not telling the driver of the attack. they also refused to give me the driver’s name or any more help in the matter.

Asked on June 26, 2014 under Personal Injury, Illinois

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Did you have medical treatment for the attack on the bus?  If you didn't get medical treatment, you won't have a case against the Transit Authority.  Were there any witnesses (other passengers) who can testify and prove the attack occurred on the bus?

If you received medical treatment, when you complete your treatment and are released by the doctor, obtain your medical bills, medical reports, and documentation of any wage loss.  Your personal injury claim filed with the Transit Authority's insurance carrier (call the Transit Authority to obtain the insurance information which is probably through the city of Chicago) should include your medical bills, medical reports, and documentation of any wage loss.  Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering which is an amount in addition to the medical bills.  Compensation for wage loss is straight reimbursement.

If the case is settled with the Transit Authority's insurance carrier, NO lawsuit is filed.  If you are dissatisfied with settlement offers from the insurance carrier, reject the settlement offers and file a lawsuit for negligence against the Transit Authority.  The Transit Authority and the city of Chicago should be named as defendants in the lawsuit.

If the case is NOT settled with the insurance carrier, your lawsuit for negligence against the Transit Authority and city of Chicago must be filed prior to the expiration of the applicable statute of limitatons or you will lose your rights forever in the matter.


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