Meet our Attorneys

David P. Hersh

Shareholder

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

 January 18, 2019

Spinal Cord Injury: The First 90 Days Arizona Digital Edition

Arizona’s digital edition of “Spinal Cord Injury: The First 90 Days,” has just been released by author, Sam Maddox. This volume is an informational guide for those with acute spinal cord injuries. The Arizona edition contains information regarding insurance coverage, rehabilitation best practices, self-care and coping strategies, expected outcomes, assistive technology and equipment, home modification and the… Read more »

Attorney Scott Eldredge hero image

 January 9, 2019

Scott Eldredge: Shareholder and Practice Group Leader for the Medical Malpractice Team

Since 1983, Scott Eldredge, a named shareholder at Burg Simpson Eldredge Hersh & Jardine, has created a thriving legal practice focused on complex medical malpractice cases, and specifically matters regarding birth trauma. He regularly appears in State and Federal Courts, and concentrates on cases that include claims for damages resulting from substandard care by medical… Read more »

Kool Smiles Wrongful Child Death | ABC15 Interviews Burg Simpson Shareholder Scott Eldredge

 January 8, 2019

Kool Smiles Wrongful Child Death | ABC15 Interviews Burg Simpson Shareholder Scott Eldredge

  In December of 2017, the Gastelum family lost their two year old son, Zion, after baby root canals and crown surgeries. Kool Smiles dental clinic, where the surgeries took place, was accused of being responsible for the wrongful death due to negligent care post-surgery. Arizona ABC15 interviews Zion’s parents about the year-long investigation, as… Read more »

Gastric Bypass - Medical Injury Lawyer - Arizona Burg Simpson

 January 4, 2019

Mass Tort Litigation: Dangerous Drugs and Medical Devices

What is Mass Tort Litigation? A tort is a wrongful act that results in an injury for which the injured party is entitled to compensation. A mass tort is a civil action involving numerous plaintiffs against one or more defendants. Mass tort lawsuits arise when a number of plaintiffs have sustained injuries caused by the same dangerous prescription drug, defective medical… Read more »

Martin Luther King

 January 21, 2019

“Injustice anywhere is a threat to justice everywhere.” Martin Luther King Jr.

Martin Luther King Day is a federal holiday that celebrates the life and legacy of one of the world’s most important civil rights leaders. Dr. King brought a message of hope and healing to America, and the holiday that bears his name is a celebration of his immeasurable contribution to humankind, as well as a… Read more »

 January 21, 2019

Burg Simpson is Pleased to Announce the Denver Firefighters Scholarship Fund and the 2019 Denver Fire Scholarship Awards

The Denver Fire Fighters Charitable Foundation, in partnership with the Denver Fire Department Foundation and Shareholder Nick Fogel with Burg Simpson law firm, is pleased to have recently established the inaugural Denver Fire Scholarship awards. The organizations will award two $1,500 scholarships to two qualifying students who are children of an active Denver firefighter. The… Read more »

Peripheral Arterial Disease

 January 18, 2019

Treatments for Peripheral Arterial Disease Linked with Increased Risk of Death

Treatments for Peripheral Arterial Disease Linked with Increased Risk of Death The FDA recently released a letter warning physicians about a new study linking two treatments for peripheral arterial disease– paclitaxel-coated balloons and paclitaxel-coated stents– with an increased risk of death when compared to non-coated balloons or stents. In the study, researchers found a significantly… Read more »

Attorney Thomas Henderson hero image

 January 17, 2019

Law Week Colorado – Year in Review 2018

Law Week Colorado – Year in Review 2018 The December 24, 2018 edition of Law Week Colorado highlights newsworthy events in the courts, federal regulatory agencies, and within the legal industry. In their 2018 Year in Review section, Law Week recapped  the Durango “416 Fire” which started on June 1, 2018 and burned more than 50,000… Read more »

Good Lawyers. Changing Lives. – Supporting Communities with Burg Simpson

 November 5, 2018

Good Lawyers. Changing Lives. – Supporting Communities with Burg Simpson

All attorneys at Burg Simpson strive to make our motto more than just words. Both in and out of the courtroom, our attorneys work to support local and national communities by protecting their rights and to making certain that crisis recovery and educational opportunities are available to all. In this video, Burg Simpson shareholder and… Read more »

Massachusetts Gas Explosion – Holding Corporations Accountable

 November 2, 2018

Massachusetts Gas Explosion – Holding Corporations Accountable

The negligence of Columbia Gas caused the massive gas explosions  in Andover, Lawrence and North Andover, MA. After the gas explosions, more than 2,000 people found themselves displaced, and their towns resembled a war zone. These gas explosions could have easily been avoided. Columbia Gas had been warned twice over the last decade that an explosion was… Read more »

Attorney Tom Henderson explains why the Durango 416 Fire aims to hold the Durango-Silverton Railroad accountable.

 November 2, 2018

Seeking Justice for Victims of the Durango 416 Fire

Colorado’s Durango 416 Fire was caused by the Durango-Silverton Railroad’s coal-burning train on June 1, 2018. The blaze has been reported to be the state’s sixth largest forest fire in history, and the fire destroyed homes and businesses in Durango and the surrounding area. Burg Simpson is now representing those affected by the 416 Fire… Read more »

Consumers Must Beware of Body Brokers

 November 2, 2018

Consumers Must Beware of Body Brokers

Body brokers are relatively unchecked and under-regulated by state and federal agencies.  Across the United States, mortuaries and hospices are committing fraud by allowing body brokers to convince families who have lost their loved ones to donate the body “for medical research.” But instead of being donated, the body ends up being dismembered and then… Read more »

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