Cross-claims are a type of legal action brought by one party (the claimant) against another party (the defendant) in a dispute. This type of claim is an independent one, meaning that it is not related to the original dispute that is being addressed in the court.
Cross-claims are typically used when a party identifies another party that he or she believes is liable in some fashion for damages caused, or for damages that were not addressed in the original complaint. This type of claim is generally used to pursue damages related to the issues brought up by the initial complaint.
How Do Cross-Claims Work?
Cross-claims often occur in multi-party lawsuits, when one of the parties finds themselves in a situation where they feel that their interests have been unjustly affected by a third-party. The claimant then brings a separate claim against that third-party, or any other party that he or she believes is liable for his or her damages. Generally, the primary dispute must be resolved before the cross-claim can proceed forward.
As an example, let’s say a business owner sues a supplier for breach of contract. The business owner is looking to recover damages. During the course of the litigation, it is discovered that a third party, an outside contractor, was responsible for some of the damages that the supplier was initially accused of causing. The business owner could then bring a cross-claim against the contractor for additional damages.
Conclusion
Cross-claims provide parties with an opportunity to pursue damages that are not addressed within the primary dispute that is being litigated. Parties should take care to act quickly once they identify the potential for a cross-claim, as any delay could potentially impact the ability to pursue damages. Although cross-claims are less common than other types of legal action, they can be a crucial component of victory in some cases, and an important way to ensure that justice is served.