In a personal injury lawsuit, a crossclaim could be your shield—or your strongest counterattack. Learn how to draft one that shifts the liability and strengthens your defense.
In personal injury litigation, defendants may not always agree on who should bear the blame. Crossclaims allow one defendant to assert that a co-defendant is wholly or partly responsible for the plaintiff’s injuries. These claims are strategic tools—whether seeking contribution, indemnification, or to establish comparative negligence.
This guide outlines how to draft effective crossclaims in personal injury cases, with a focus on legal foundations, practical structure, and real-case relevance.
A crossclaim is a legal claim brought by one defendant against another party on the same side of the lawsuit—usually another defendant. In personal injury cases, they’re often used to:
Allege contributory or comparative negligence
Seek indemnification or reimbursement
Request contribution to shared liability
Example: In a car accident suit with two drivers named as defendants, one may file a crossclaim asserting the other was primarily at fault.
A well-drafted crossclaim must be structured correctly and clearly convey your legal theory. It should include:
Case Caption & Title: List parties, court, and case number; title the document as “Crossclaim.”
Parties Involved: Identify the crossclaimant and crossclaim defendant.
Jurisdiction & Venue: Confirm the court has proper authority to hear the crossclaim.
Factual Allegations: State when, where, and how the co-defendant contributed to or caused the plaintiff’s injury.
Legal Basis: Cite negligence, indemnification rights, or contribution laws.
Relief Sought: Request proportional or full recovery, depending on liability.
Jury Demand (if applicable): Include if you want the claim decided by a jury.
Used when a co-defendant’s conduct allegedly contributed to the plaintiff’s injuries.
Example: In a workplace injury case, an equipment supplier may be crossclaimed for providing faulty tools.
Filed when one party seeks to shift all liability to another due to a contractual obligation or greater fault.
Example: A general contractor crossclaims against a subcontractor for failing to secure a hazardous worksite.
Asserts that damages should be proportionally allocated among at-fault defendants.
Example: In a multi-car pileup, each driver may file crossclaims seeking partial fault assignment.
To make a compelling case:
Specify negligent acts: What did the co-defendant do (or fail to do)?
Establish causation: Show the link between their conduct and the plaintiff’s harm
Connect to damages: Explain how their actions increased exposure or led to costs you shouldn’t bear alone
Sample phrasing:
“Crossclaimant alleges that Crossclaim Defendant failed to maintain a safe following distance and abruptly changed lanes without signaling, directly causing the collision and resulting injuries.”
To pursue indemnity:
Reference agreements: Cite contracts with indemnification clauses
Assert primary fault: Show how the co-defendant’s breach of duty makes them solely liable
Plead for full recovery: Request reimbursement for any damages awarded against you
Pro Tip: Courts are more receptive when indemnification claims are based on signed agreements or clearly defined roles and duties.
✅ Be Factually Specific
Avoid broad claims—tie allegations to events and evidence
Use precise dates, locations, and behaviors
✅ Keep It Focused
Stay within the scope of the original complaint
Don’t introduce unrelated claims
✅ File Timely
Most jurisdictions require crossclaims to be filed with or soon after the answer
Don’t miss deadlines—late filings risk dismissal
✅ Know Liability Rules
Understand if your jurisdiction follows joint and several liability or comparative fault
This affects how damages are divided
✅ Use Expert Input
Bring in accident reconstructionists, medical experts, or safety professionals to bolster your claim
In personal injury litigation, a crossclaim isn’t just a legal formality—it’s a strategic lever. Whether asserting another party’s fault or protecting your financial interests, a well-structured crossclaim can redistribute liability, support your defense, and enhance your bargaining position.
The key? Precision, legal grounding, and evidence that tells a clear story.
At Legal Husk, we specialize in formulating sharp, evidence-backed crossclaims that hold up in court and settlement negotiations. From contributory negligence to contractual indemnity, our team ensures your case is positioned for success.
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Ready for a court-ready crossclaim at a predictable price? Contact Legal Husk and let us draft your next crossclaim with precision and clarity.
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