Meet our Attorneys

Nick Fogel

Shareholder

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asla_top40logo2014-sfw the-national-trial-lawyers-top-100_small the-national-trial-lawyers-top-40-under-40_small 10-best-american-institute-of-personal-injury-attorneys Nick Fogel - Super Lawyers Nick Fogel-Avvo Top Attorney Workers Compensation Award Nick Fogel - Super Lawyers Rising Stars Nick Fogel-5280 Top Lawyer 2016

Nick Fogel’s practice is devoted to helping those who have been injured while working on the job and in the line of duty. In this capacity Nick has extensive courtroom experience handling a wide variety of matters.

In 2010, Nick was selected by Law Week Colorado as one of Colorado’s Up-and-Coming Lawyers, a distinction given to attorneys who are at most in their sixth year of practice and have already accomplished tremendous things professionally and in the community. Recently, Nick has been selected by the National Trial Lawyers for inclusion in The Top 40 under 40 Association. Membership into The Top 40 under 40 Association is by invitation only and is extended exclusively to those individuals who exemplify superior qualifications, trial results, and leadership as a young trial lawyer.

Additionally, Nick has been selected by the National Trial Lawyers as one of the Top 100 Trial Lawyers in the state of Colorado. The selection is based on superior qualifications, leadership, reputation, influence, statute, and profile in the Trial Lawyer community. Since 2012, Nick has been selected to Colorado Super Lawyers® “Rising Stars,” a distinction limited to only the top 2.5 percent of qualifying lawyers in the state.

In 2008, Nick argued before the Colorado Court of Appeals resulting in the published decision of 07CA0071 Safeway, Inc. v. Industrial Claim Appeals Office of the State of Colorado and Tearsa Sloan (Colo. App. 2008), which allowed for Claimants to seek retroactive benefits in workers’ compensation claims.

Nick is an Ex-Officio Board Member and has Co-founded the Young Professional’s Division of the Colorado Judicial Institute, an organization whose goal is to preserve and enhance the independence and excellence of Colorado courts. Nick has also been named as a board member of the Friends of Denver Fire Department, an organization devoted to supporting the needs of the Denver Fire Department and Denver Firefighters. Additionally, Nick has been selected to serve on the Executive and New Media Committee for Our Courts Colorado, a nationally recognized organization that provides educational programs throughout the state to further public knowledge and understanding of state and federal courts. Nick has also been selected to serve on the Steering Committee for the Craig Hospital 1907 Ambassador’s Circle and was appointed by the State of Colorado to the Traumatic Brain Injury Medical Treatment Guidelines Advisory Panel.

Nick consistently works with various local and state unions to ensure members’ rights are being protected, including the following:

  • The Fraternal Order of Police
  • Association of Colorado State Patrol Professionals
  • Local 1886 International Association of Machinists & Aerospace Workers
  • Local 9 International Union of Operating Engineers
  • Denver Police Protection Association
  • Local 858 Denver Fire Fighters
  • Aurora Police Association
  • Cherry Hills Colorado Police Association
  • Local 7 United Food and Commercial Workers Union
  • Teamsters Local 455
  • Colorado Teamsters Local 17
  • Boulder Police Officers Association
  • Local 7 International Association of Stage Hands
  • Denver Sheriffs Fraternal Order of Police
  • Colorado Carpenters Local 1068
  • International Brotherhood of Electrical Workers Local 111
  • Bakery, Confectionery, Tobacco Workers & Grain Millers, International
  • Denver Theatrical Stage, Film and Exhibition Employees’ Union
  • Colorado Builder and Construction Trades Council
  • AFL-CIO
  • Communication Workers of America

Nick also volunteers for the ZRBG Pension Project, where he has represented two holocaust survivors in ascertaining pension benefits from the German government.

Save

Top Lawyer, 5280 Magazine, 2016

Up-and-Coming Lawyers, Law Week Colorado, 2010

Top 40 under 40, The National Trial Lawyers

Top 100 Trial Lawyers in Colorado, The National Trial Lawyers

Selected to Super Lawyers® Rising Stars, 2012 - 2016

Top 40 Litigation Lawyer Under 40 in the state of Colorado, American Society of Legal Advocates

Named '10 Best' in Colorado, the American Institute of Personal Injury Attorneys, 2015

Arapahoe County Bar Association Fellow

Colorado, 2007

U.S. District Court, District of Colorado, 2008

J.D., 2007, University of Denver, Sturm College of Law

B.A., 2003, University of Colorado, Boulder – International Affairs with an area of emphasis in Mandarin Chinese

The National Trial Lawyers, Member since 2011

Our Courts Colorado


  • New Media Committee Member

  • Executive Committee Member

Colorado Judicial Institute, Member since 2010


  • Ex-Officio Board Member

  • Co-chair Young Professionals Division

Workers’ Compensation Education Association, Member since 2010

Minoru Yasui Inn of Court

American Association for Justice (AAJ), Member since 2008

American Bar Association, Member since 2008

Colorado Trial Lawyers Association (CTLA), Member since 2008

Denver Bar Association, Member since 2008

Colorado Bar Association, Member since 2008

Legal Aid Foundation of Colorado – Associates Advisory Board

ZRBG Pension Project – Designed to ascertain pension benefits for Holocaust survivors

Burmese Refugee Legal Clinic, 2010

American Israel Public Affairs Committee – Young Leadership Council Member

2010 & 2011 Denver Softball League Champion

Friends of Denver Fire Department – Board Member

Craig Hospital 1907 Ambassador’s Circle


  • Steering Committee Member

  • Oversight Committee Member

Published Decision: 07CA0071 Safeway, Inc. v. Industrial Claim Appeals Office of the State of Colorado and Tearsa Sloan (Colo. App. 2008), Argued

Nick frequently lectures on Personal Injury and Workers’ Compensation to First Responder and Labor organizations. Please contact Nick if your union or organization would like a free informational seminar on Civil or Workers’ Compensation law and benefits.

Janet Abaray Profiled in Super Lawyers Magazine

 December 7, 2016

Janet Abaray Profiled in Super Lawyers Magazine

The most recent edition of Super Lawyers Magazine features a profile on Burg Simpson Ohio’s managing shareholder, Janet Abaray. In the feature, Ms. Abaray discusses some of the highlights of her career, the art of “looking around corners” in a case, taking on big pharma, and a well-known class action against the Bengals. Amongst her… Read more »

David Hersh Article Published in “Trial Talk”

 December 6, 2016

David Hersh Article Published in “Trial Talk”

Burg Simpson shareholder David Hersh was recently published in the October/November issue of Trial Talk, the official publication of The Colorado Trial Lawyers Association. In the article entitled, “Never Give Up: Top Ten Lessons from Our Eight-Year Battle in the CDO Litigation about the Collapse of the U.S. Economy,” Mr. Hersh reviews the lessons learned… Read more »

Scott Eldredge named as recipient of 2016 Professionalism Award

 November 9, 2016

Scott Eldredge named as recipient of 2016 Professionalism Award

Denver, CO – Burg Simpson Eldredge Hersh & Jardine, P.C. proudly announces that shareholder Scott J. Eldredge will be receiving the 2016 Professionalism Award at tonight’s Legal Professionalism CLE and reception. Hosted by the Colorado Defense Lawyers Association (CDLA) and the Colorado Trial Lawyers Association (CTLA), the event is held in honor of Legal Professionalism… Read more »

David P. Hersh Joins American Board of Trial Advocates

 November 7, 2016

David P. Hersh Joins American Board of Trial Advocates

Denver, Colorado – Burg Simpson Eldredge Hersh & Jardine, P.C. is delighted to announce that shareholder David P. Hersh has been invited to join the American Board of Trial Advocates (ABOTA). ABOTA is a national organization dedicated to protecting individuals’ rights through the preservation of the jury system and through elevating standards of integrity, honor,… Read more »

Fatal ATV Accidents a Reminder to Riders to Maintain Vehicles

 November 2, 2016

Fatal ATV Accidents a Reminder to Riders to Maintain Vehicles

All-Terrain Vehicles can be great fun, but with the fun can also come danger. Every year ATV accidents take the lives of recreational enthusiasts who ride these tricky vehicles without attention to proper safety guidelines. A tragic ATV accident in southwestern Colorado left to members of a Texas family injured and two more, dead. Some… Read more »

Who is Responsible if my Child is Bullied at School?

 October 26, 2016

Who is Responsible if my Child is Bullied at School?

When parents send their children to school, their expectation is that the children will be safe, cared for and protected from harm. Schools have responsibility for the well-being of the children they are educating. When a child is the victim of bullying, harassment or cyberbullying, and that child suffers emotional injury as a result, significant… Read more »

Colorado Takes on Dangers of Conversion Therapy

 October 19, 2016

Colorado Takes on Dangers of Conversion Therapy

The field of personal injury law has for some time included psychological and emotional injury, such as Post Traumatic Stress Disorder and severe anxiety or depression. An increasing number of lawsuits, including consumer fraud suits, are being filed around the nation by LGBTQ adults who were exposed to conversion or “reparative” therapies as minors. Conversion… Read more »

Bicycles and Cars — A Potentially Dangerous Combination

 October 12, 2016

Bicycles and Cars — A Potentially Dangerous Combination

Bicycles and cars are vehicles that must share the roadway. They are generally subject to many of the same operating laws. So you would think that, by obeying the law, cars and vehicles could operate together in harmony. But in practice, cars and bicycles can be a dangerous mix because cyclists are hard to see,… Read more »

Ring of Fire: Even Republicans Are Disgusted by The Republican Party

 May 3, 2016

Ring of Fire: Even Republicans Are Disgusted by The Republican Party

A Ring of Fire first! Host Farron Cousins talks to former Senator Alan Simpson in a unique opportunity on Ring of Fire to speak with a Republican about the current state of the Republican Party.

CBS 4: Michael Burg Inducted to Trial Lawyer Hall of Fame

 April 28, 2016

CBS 4: Michael Burg Inducted to Trial Lawyer Hall of Fame

CBS 4 in Denver highlights Burg Simpson attorney Michael S. Burg’s induction into the Trial Lawyer Hall of Fame

Radio 850KOA: Michael Burg Inducted to Trial Lawyer Hall of Fame

 April 28, 2016

Radio 850KOA: Michael Burg Inducted to Trial Lawyer Hall of Fame

Denver’s Radio 850KOA ran a news story about Michael Burg’s induction into the Trial Lawyer Hall of Fame.

Burg Simpson Legal Minute: Civil Justice System

 April 21, 2016

Burg Simpson Legal Minute: Civil Justice System

Burg Simpson shareholder Calvin Tregre Jr. examines changes to the civil justice system, where limitations have been placed on monetary awards to seriously injured victims of corporate negligence. Are you protected?

Trial Talk magazine

 November 18, 2015

Trial Talk: Cross Appeal? Now What?

Burg Simpson Attorney and Shareholder Diane Vaksdal Smith’s article, published in CTLA’s Trial Talk, April/May 2015, addresses specifics of appellate practice and procedure. Download full article PDF

Net Neutrality

 November 18, 2015

Net Neutrality: A Panel Discussion

Rick D. Bailey contributes his opinion on Net Neutrality in this panel article published in Best Lawyers® Business Edition, Summer, 2015. Download full article PDF

The Trial Lawyer Magazine

 November 18, 2015

Homebuilders v. Homeowners

Threats to Shift an Already Tilted Playing Field More in Favor of Homebuilders Burg Simpson attorneys Jennifer A. Seidman and Ronald M. Sandgrund examine what could happen if lawmakers allow builders to take advantage of and mischaracterize the causes of the Great Recession’s lingering effects, and the facts regarding the real causes of the decline… Read more »

Rick Bailey - Hearing and Mishearing

 November 18, 2015

Hearing and Mishearing: Psychoanalytic Observations on the Attorney-Client Relationship

Trial lawyer Rick D. Bailey co-authored this white paper with David Stevens, a practicing psychoanalyst/clinical psychologist and associate professor at the university of Colorado Health Sciences Center. They address the attorney-client relationship throught the lens of psychoanalysis and cognitive neuroscience. Download full article PDF

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