We are independent & ad-supported. We may earn a commission for purchases made through our links.
Advertiser Disclosure
Our website is an independent, advertising-supported platform. We provide our content free of charge to our readers, and to keep it that way, we rely on revenue generated through advertisements and affiliate partnerships. This means that when you click on certain links on our site and make a purchase, we may earn a commission. Learn more.
How We Make Money
We sustain our operations through affiliate commissions and advertising. If you click on an affiliate link and make a purchase, we may receive a commission from the merchant at no additional cost to you. We also display advertisements on our website, which help generate revenue to support our work and keep our content free for readers. Our editorial team operates independently of our advertising and affiliate partnerships to ensure that our content remains unbiased and focused on providing you with the best information and recommendations based on thorough research and honest evaluations. To remain transparent, we’ve provided a list of our current affiliate partners here.
Civil

Our Promise to you

Founded in 2002, our company has been a trusted resource for readers seeking informative and engaging content. Our dedication to quality remains unwavering—and will never change. We follow a strict editorial policy, ensuring that our content is authored by highly qualified professionals and edited by subject matter experts. This guarantees that everything we publish is objective, accurate, and trustworthy.

Over the years, we've refined our approach to cover a wide range of topics, providing readers with reliable and practical advice to enhance their knowledge and skills. That's why millions of readers turn to us each year. Join us in celebrating the joy of learning, guided by standards you can trust.

What is a Cross-Claim?

Mary McMahon
By
Updated: May 16, 2024

A cross-claim is a claim against a party on the same side of a lawsuit which arises from the matter being tried in court. This is in contrast with a counterclaim, in which a claim is made against another party in a suit. There are a number of situations in which a cross-claim might be filed. The ability to litigate cross-claims at the same time as the original claim allows for a more efficient process because a new trial does not need to be held.

In an example of how a cross-claim might work, a patient might sue a doctor, a hospital, and a manufacturer of medical devices for a hip replacement which went wrong. The patient is the plaintiff, while the doctor, hospital, and manufacturer are co-defendants or co-respondents. As the case unfolds, the doctor and hospital might determine that the problem is the result of an action on the part of the manufacturer, in which case they could file a cross-claim against the manufacturer, their co-respondent, arguing that the liability lies with the manufacturer.

One reason for cross-claims to arise is a case in which a plaintiff is not certain about where responsibility lies, and thus files a blanket claim against several parties. As the case develops, these parties can file cross-claims against each other when the facts of the case are brought to court and the matter becomes clearer. A cross-claim may also be filed as a result of a dispute or problem with the case.

Co-plaintiffs can also file against each other. Conversely, a situation can arise in which counterclaims are filed. In the example above, for instance, the hospital could file a counterclaim against the plaintiff for defamation, arguing that the way in which the case is being presented is hurting the hospital's reputation.

Filing cross-claims and counterclaims can be an important part of the process in a civil suit. While the case may look to bystanders like a confused thicket of claims, trying all of the claims at once allows the court to review the facts once and determine a verdict, and for the verdict to be consistent. Not filing a cross-claim or counterclaim at the time of the case does not prevent someone from filing a claim in the future, and people may hold off on such claims for a variety of reasons. Attorneys can advise their clients after reviewing the specifics of the case in question.

MyLawQuestions is dedicated to providing accurate and trustworthy information. We carefully select reputable sources and employ a rigorous fact-checking process to maintain the highest standards. To learn more about our commitment to accuracy, read our editorial process.
Mary McMahon
By Mary McMahon

Ever since she began contributing to the site several years ago, Mary has embraced the exciting challenge of being a MyLawQuestions researcher and writer. Mary has a liberal arts degree from Goddard College and spends her free time reading, cooking, and exploring the great outdoors.

Discussion Comments
By anon297103 — On Oct 14, 2012

I have to admit that I am confused on this issue of cross claims. I understand the need for third party claims, to bring in parties relevant to the situation. But if you are in a lawsuit as any of the parties already, what is gained by a cross claim? All that information will be incorporated into their answers to any or all of the complaints that brought them into the situation. The judge or jury will hear their side of the situation already.

By Azuza — On Jul 24, 2011

@Monika - It does sound a lot like people are trying to place the blame on someone else. However, sometimes the wrong person really does get sued!

My mom used to work for a lawyer that handled primarily person injury suits. She always had some crazy story to tell about the cases they were working on! A lot of them were a total mess.

And sometimes, like I said, the wrong person really was being sued. That's why it was essential for cross-claims to be filed: so that the court could get all the information and figure out the real truth of the matter.

By Monika — On Jul 23, 2011

I understand cross-claims are a part of the civil suit system, but to me it just sounds like a lot of people trying to reassign blame.

In my opinion, if someone does something wrong they should take responsibility for it. Rather than a doctor trying to blame the hospital, or vice versa.

Mary McMahon
Mary McMahon

Ever since she began contributing to the site several years ago, Mary has embraced the exciting challenge of being a...

Learn more
Share
https://www.mylawquestions.com/what-is-a-cross-claim.htm
MyLawQuestions, in your inbox

Our latest articles, guides, and more, delivered daily.

MyLawQuestions, in your inbox

Our latest articles, guides, and more, delivered daily.