Meet our Attorneys

David P. Hersh

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5280 Top LawyersDavid P. Hersh Lawyer of the Year 2016 Barrister's Best 2018 Award Super Lawyers David Hersh David Hersh - Martindale Hubbell AV Professional Excellence Super Lawyers 2019

 

American Board of Trial Advocates 

Mr. David P. Hersh focuses his practice on complex commercial matters involving contract disputes, breach of fiduciary duty, ownership disputes, construction matters, “bet your company” litigation, and professional negligence. Admitted to practice before the United States, Colorado, and Wyoming Supreme Courts, as well as numerous Federal Courts, Mr. Hersh has tried well over 145 civil jury trials to verdict throughout the United States. In addition, he has served as lead counsel in a substantial number of complex commercial litigation cases as well as a number of catastrophic personal injury cases, including cases involving claims for brain injury, paraplegia/quadriplegia, severe burns and disfigurement, and limb loss. Mr. Hersh has handled a number of “toxic torts”, including being appointed class counsel for more than 65,000 residents of Colorado Springs to redress contaminated groundwater.

A skilled and experienced trial lawyer, Mr. Hersh excels in the courtroom, expertly handling all aspects of litigation through his creative problem solving, persuasive communication, and outstanding analytical skills. He believes that the benchmark of his success comes from his passion for the law and steadfast mission to be the best advocate possible for his clients.

 

Environmental Litigation

Legal Malpractice

Pharmacy Malpractice

Professional Liability & Malpractice

AV Preeminent® Rating, Martindale-Hubbell

Best Lawyers® “Lawyer of the Year," Legal Malpractice Law – Plaintiffs, Denver, 2014 and 2016

Best Lawyers®, Plaintiffs, Legal Malpractice Law, 2013 – 2019

Best Lawyers®, Plaintiffs, Professional Malpractice Law, 2013 – 2019

Best Lawyers®, Plaintiffs, Personal Injury Litigation, 2016-2019

Named to the “2015 Colorado Super Lawyers® Top 10” list

Law Week Colorado’s Barrister’s Best -Best Corporate Law Lawyer, 2018

Law Week Colorado's Barrister's Best - People's Choice Award: Best Commercial Litigator, 2015

Litigation Star, Benchmark Litigation, United States – Plaintiff, Mass Tort/Product Liability, 2013

Local Litigation Star, Benchmark Litigation, Colorado – Plaintiffs, 2013

U.S. Legal 500, 2012 and 2013

Top 100 Attorney, The National Trial Lawyers

Top 25 Brain Injury Trial Lawyers, The National Trial Lawyers

Top 10 Insurance Bad Faith Trial Lawyers, The National Trial Lawyers

Top 10 Business Tort Trial Lawyers, The National Trial Lawyers

Selected to Colorado Super Lawyers®, 2006-2008, 2011-2019

Selected to Colorado Super Lawyers®, 2011-2015 (Business Litigation, Top 100)

5280 Magazine Top Lawyer, 2016-2019

Order of the Barristers

National Moot Court Competition Recipient, Best Oral Advocate Award

Who’s Who in American Colleges and Universities

Best Lawyers in America, 2013- 2019

U.S. Supreme Court

Colorado Supreme Court

Wyoming Supreme Court

U.S. Court of Appeals, 5th Circuit

U.S. Court of Appeals, 8th Circuit

U.S. Court of Appeals, 10th Circuit

U.S. District Court, District of Colorado

U.S. District Court, District of Wyoming

Shoshone and Arapaho Tribal Court

J.D., 1983, Wake Forest University School of Law

B.S., 1981, Bob Jones University, Accounting and Public Speaking

Chair, Committee On Conduct (COC)

Member, American Board of Trial Advocates (ABOTA)

Board of Directors, CLE Colorado (Representative of the Colorado Bar Association)

Member, Colorado Bar Association Ethics Committee

President, Arapahoe County Bar Association (ACBA)

Colorado Bar Foundation Fellow

Roster of Neutrals, American Arbitration Association

Fellow, Litigation Counsel of America

Former Board of Governors, Colorado Bar Association

Colorado Bar Association (Litigation, Products Liability and Tort Law Sections)

Colorado Bar Association Nominating Committee

Member, Diversity Law Institute (DLI)

Wyoming Bar Association

Federal Bar Association

Faculty of Federal Advocates (FFA)

University of Wyoming College of Law Advisory Board

Faculty, University of Wyoming Law School Summer Trial Institute

University of Wyoming President's Society

The National Trial Lawyers (NTL)

Executive Board Member, Business Torts Trial Lawyers Association

Colorado Trial Lawyers Association (CTLA)

Member, American Society of Legal Advocates (ASLA), 2014-2019

Wyoming Trial Lawyers Association

American Association for Justice (AAJ)

Member, Trial Law Institute (TLI)

Member, Colorado Supreme Court Task Force for Lawyer Well-Being

Actively involved in the community through pro bono work and various non-profit organizations, including service on their boards

Committee Member, Craig Hospital PUSH for a Cure Committee

Active in the Brain Injury Alliance of Colorado

Active supporter of "Jam the Damz" and "Pedal 4 Possible," integrated cycling tours through the Denver Metro area that help raise funds for Craig Hospital, U.S. Handcycling, and Adaptive Adventures

Faculty Member, University of Wyoming College of Law Summer Trial Advocacy Institute

Advisory Board Member, University of Wyoming College of Law

Trial practice lecturer, University of Wyoming College of Law

Instructor in trial tactics for the American Bar Association-sponsored National Institute of Trial Advocacy (NITA) School

Featured speaker at numerous educational events, including the 2015 Trial Lawyers College for the Colorado Trial Lawyers Association

Former Member of the Board of Trustees, Legal Aid Foundation of Colorado

Former Member of the Board of Directors, Colorado Judicial Institute (CJI)

Fellow Emeritus of the Arapahoe County Bar Foundation

Served on the Judicial Facilities Review Commission, Arapahoe County Bar Association

"Never Give Up! Top Ten Lessons from Our Eight-Year Battle in the CDO Litigation About the Collapse of the U.S. Economy" - Colorado Trial Lawyers Association Conference, Steamboat Springs, August 4, 2016

“Legal Issues, Timely Decision Making, and Available Options for Survivors of Traumatic Brain Injury” – Brain Injury Alliance of Colorado 31st Annual Conference, Denver, October 16, 2014

“Legal Issues for Brain Injury Survivors” – Brain Injury Association of Colorado, Pueblo Regional Conference, April 25, 2013

Faculty, University of Wyoming Law School Summer Trial Institute

Instructor in trial tactics for the American Bar Association-sponsored National Institute of Trial Advocacy (NITA) School

Trial practice lecturer, University of Wyoming College of Law

Trial practice lecturer, the University of Denver Sturm College of Law

Michael Burg body broker interview

 March 19, 2019

Inside Edition Interviews Michael Burg on Body Broker Case

Esteemed founding shareholder Michael Burg explained the details of a body broker case in Arizona brought by several families against Biological Resource Center, Inc. and its owner, Steve Gore. In this terrible case, the families donating their deceased loved ones’ bodies to scientific research did not realize the company intended to dismember the corpse and… Read more »

Bolye, Nelson

 March 18, 2019

Colorado Supreme Court Refuses to Take Up Wal-Mart’s Challenge to the Collateral Source Rule

Colorado Supreme Court Refuses to Take Up Wal-Mart’s Challenge to the Collateral Source Rule In the 2018 case of Forfar v. Wal-Mart, 2018 COA 125, Burg Simpson Attorney Nelson Boyle won an important appeal on behalf of Burg Simpson’s client Robert Forfar. Mr. Fofar was represented at trial by several attorneys at the Paul Wilkinson… Read more »

Michael Burg on KHOW

 March 15, 2019

Michael Burg on KHOW Talk Radio: Your Money, Your Retirement, on Saturday, March 16th at 2 pm.

Michael S. Burg, the founding shareholder at the law firm of Burg Simpson Eldredge Hersh & Jardine, will be appearing on the weekly talk radio show, Your Money, Your Retirement on Saturday, March 16th at 2 pm. Mr. Burg will be a guest of co-host Tim Smile on KHOW radio. Michael Burg will be discussing… Read more »

 March 11, 2019

Burg Simpson Presents Awards to the 2019 Scholarship Competition Winners!

     Each year, Burg Simpson awards college scholarships to the graduating high school seniors who win our essay competition regarding the importance of the U.S. civil jury system, and how it is being threatened. The annual Burg Simpson Scholarship Competition is an outstanding opportunity for high school seniors to obtain additional funds for college,… Read more »

 March 19, 2019

Colorado “Stop-as-Yield” law

By David P. Hersh, Burg Simpson Shareholder Colorado “Stop-as-Yield” law In May 2018 Colorado adopted a new statewide standard regulating bicycles when they are approaching intersections.  C.R.S. § 42-4-1412.5 establishes as the standard what is known as “stop as yield” throughout Colorado.  However, individual local governments can choose whether or not to adopt this standard… Read more »

Michael Burg body broker interview

 March 18, 2019

Inside Edition Interviews Attorney Michael Burg Regarding the Gruesome “Body Parts” Case

Attorney Michael Burg, of Denver-based law firm Burg Simpson Eldredge Hersh & Jardine, is representing the victims’ family members in a lawsuit against Gore and Biological Resource Center of Arizona, in what is being referred to as the “Body Parts Case.” Mr. Burg told Inside Edition in a recent interview that the families involved in the case… Read more »

Arizona Attorney Brian C. Dault hero image

 March 18, 2019

Arizona State Bill 1087 Seeks to Increase Liability Car Insurance Minimums

By Brian C. Dault, Burg Simpson Associate Arizona State Bill 1087 Seeks to Increase Liability Car Insurance Minimums A piece of legislation recently introduced in Arizona would increase the minimum amount of car insurance coverage required for liability policies. Arizona currently has some of the lowest requirements for minimum insurance coverage in the country, and… Read more »

Attorney Thomas Henderson hero image

 March 18, 2019

Insurance Bad Faith

By Thomas W. Henderson, Burg Simpson Shareholder Case Timeline: Insurance Bad Faith When you purchase an insurance policy, you are managing your risk by buying protection against the unexpected.  The policy is a contract between you/your business and the insurance company.  In return for your payment of the premium, the insurance company agrees to protect… Read more »

Workers’ Compensation Claims – We Will Be Your Guide

 March 5, 2019

Workers’ Compensation Claims – We Will Be Your Guide

The workers’ compensation system is very complicated and difficult to navigate on your own, but Burg Simpson can help.  Our award-winning attorneys specialize in workers’ compensation claims to ensure that your rights and benefits are protected. Our workers’ compensation lawyers have decades of experience in dealing with Colorado workers’ comp laws, and in making sure that our… Read more »

Let Us Handle Your Personal Injury Matters, While You Concentrate on Your Recovery

 March 5, 2019

Let Us Handle Your Personal Injury Matters, While You Concentrate on Your Recovery

When you have suffered from a personal injury, or the loss of a loved one due to wrongful death, it can make matters even more complicated when you are attempting to deal with all of the accompanying legal issues on your own. When you have experienced this kind of trauma, it is important that you focus… Read more »

Colorado Deadlines for Construction Defect Lawsuits – Statute of Limitation & Statute of Repose

 March 5, 2019

Colorado Deadlines for Construction Defect Lawsuits – Statute of Limitation & Statute of Repose

Colorado has some of the shortest deadlines in the country for filing a construction defect lawsuit. Generally, a homeowner or a homeowner association board has a limited amount of time from obtaining the certificate of occupancy to filing a claim. But do not assume that your opportunity to file a construction defect claim has passed. If… Read more »

How Do I File a Construction Defect Claim in Colorado? – What is the CDARA Process?

 March 5, 2019

How Do I File a Construction Defect Claim in Colorado? – What is the CDARA Process?

Filing a civil action against a construction company, contractor, architect, engineer, or other construction professional for a construction defect can be complicated. This is especially true if you are filing as an individual homeowner or a member of a homeowner’s association. In this short and informative video, Construction Defects attorney, and Burg Simpson shareholder, Craig… Read more »

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