Meet our Attorneys

David P. Hersh


David P. Hersh Lawyer of the Year 2016 Barrister's Best 2018 Award Super Lawyers David Hersh David Hersh - Martindale Hubbell AV Professional Excellence superlawyers-david-p-hersh


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, 2016-2017

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)

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

Washington Capitol Building

 December 12, 2018

Letter Urging Senate to Defend Democracy Co-Signed by Former Senator Al Simpson

A week after giving his moving eulogy at late President George H.W. Bush’s wake, former Republican Senator Alan K. Simpson joined with forty-three other former Senators across party lines in publishing a letter to the Washington Post. This co-signed letter urges the current Senate to embrace a bipartisan defense of democracy and constitutional values as… Read more »

 December 6, 2018

Retired Firefighters Get Burned When Health Care Benefits are Terminated

Attorney Brian Matise at Burg Simpson handles complex civil litigation cases, and he has taken the lead on the West Metro Case. This case involves the distribution of more  than $1.8 million in funds that remained in a trust that was committed to fund health insurance benefits for 73 retired firefighters and their dependents. These… Read more »

Former Sen. Alan Simpson (R-WY) gives eulogy for late President George W.W. Bush

 December 5, 2018

Former Senator Al Simpson Eulogizes President George H.W. Bush

This morning, former Senator Alan K. Simpson (R-WY) celebrated the life of former President George H.W. Bush, his long-time friend and colleague. Speaking of the man’s warmth and integrity, Sen. Simpson delivered a moving speech on President Bush’s legacy of integrity, loyalty and sacrifice. When speaking to the press, Alan Simpson spoke on the difficulties… Read more »

Honorable Alan K. Simpson hero image

 December 4, 2018

Former Sen. Alan Simpson, R-Wyo., to Remember George H.W. Bush at Wednesday’s Funeral

Former Sen. Alan Simpson, R-Wyo., to remember George H.W. Bush at Wednesday’s funeral at the National Cathedral in Washington, D.C. The former senator, a colleague and longtime friend of George and Barbara Bush, will be one of four speakers to deliver the eulogy at the late president’s funeral this week. Simpson and Bush established their… Read more »

 December 14, 2018

Burg Simpson Supports Toys for Tots!

Co-Founder and Shareholder Peter Burg, and the Burg Simpson Team, Supports The Toys for Tots Foundation! Every year, the lawyers and professional staff at Burg Simpson are honored to support The Toys for Tots Foundation. The foundation raises funds to purchase toys for under-privileged children, and provide promotional materials, solicit corporate support, educate the public,… Read more »

Mass Tort Class Action

 December 13, 2018

What is the Difference Between Mass Tort Litigation And Class Action Litigation?

Mass Tort litigation and Class Action litigation both handle negligence cases with multiple victims, but each has very specific ways of handling these kinds of matters. Mass tort cases and class action lawsuits share certain similarities: A large group of plaintiffs who claim they have been hurt. Common defendants who have been accused of causing… Read more »

 December 12, 2018


The deadline for students to submit their 1500 word essays is February 1, 2019. For the past several years, Burg Simpson has awarded college scholarships to the graduating high school seniors who won our essay competition regarding the importance of the civil jury system and how it is being threatened. The annual Burg Simpson Scholarship… Read more »

 December 11, 2018

Traumatic Brain Injuries in Infants

One of the most common types of traumatic brain injuries in infants is Cerebral Palsy (CP). Receiving the news that your newborn has been diagnosed with this condition is some of the most devastating information a parent can receive. CP caused by birth trauma affects thousands of newborns every year. Birth trauma is a general term… 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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