What does counterclaim mean?
A counterclaim is a claim asserted in response to someone else's claim, most familiarly in law, where a defendant answers a plaintiff's suit by bringing an opposing demand of their own within the same case. Rather than merely defending, the party filing a counterclaim goes on the offensive, seeking relief or damages that can offset — or outweigh — what the original claimant seeks. Outside the courtroom, the word extends to any formal reply that contests an assertion: rival inventors disputing who patented an idea first, or companies contesting liability after an accident, may each lodge a counterclaim. The word carries a formal, adversarial connotation and belongs chiefly to legal, journalistic, and business language. Its structure is transparent — 'counter-' (against) joined to 'claim' — which makes its meaning easy to grasp: it is literally a claim raised against another claim.
A claim made to rebut or offset another claim, especially one brought by a defendant against a plaintiff in a legal action.
"Her lawyer filed a counterclaim seeking damages for the unpaid invoices."
Standard terminology in civil litigation across British and US legal systems.
To bring forward a claim in response to another claim, especially by filing one in court.
"The company counterclaimed that the defects were caused by improper installation."
Regular plural; commonly used when discussing multiple parties or successive rounds of litigation.
"The settlement resolved both the original dispute and the two counterclaims that followed."
In law, answering an attack with a lawsuit of your own has a name — and it can turn the person who sued you into the one defending themselves.
Reviewed by Deb Chak, Editor. AI-assisted content curated by RJS Tech Solutions LLP.
Etymology of counterclaim
Counterclaim is formed from the prefix 'counter-', meaning 'against' or 'in opposition', which entered English via Old French from Latin 'contra', combined with 'claim', from Old French 'clamer' and ultimately Latin 'clamare', meaning 'to cry out or shout'. The compound arose in English as a legal term, appearing by at least the early 17th century as litigation practice developed procedures for defendants to assert opposing claims. It shares its Latin root with a wide family of words including 'acclaim', 'proclaim', 'exclaim', and 'reclaim'.
How counterclaim is actually used
Primarily formal and legal in register; outside courtroom contexts it appears mainly in journalism and disputes over priority, ownership, or blame. The stress falls on the first syllable even when the word functions as a verb, distinguishing it from verbs like 'reCLAIM'.
Easily confused with counterclaim
A counterclaim is an opposing assertion of a right or demand, typically legal, whereas a countercharge is an accusation made in response to another accusation.