Firm-Wide blog

David P. Hersh Discusses Traumatic Brain Injury Case on Colorado and Company

By Burg Simpson
August 28, 2019
2 min read

Burg Simpson shareholder and personal injury attorney David Hersh, and his client, James Nelson, were interviewed today at 9 News on Colorado and Company.  Mr. James Nelson suffered a severe traumatic brain injury after he and his bike were swallowed by a massive sinkhole on the grounds of the U.S. Air Force Academy in Colorado Springs, CO, in September of 2008. Mr. Hersh, who has had significant experience litigating traumatic brain injury cases, represented  Mr. Nelson for more than a decade. This highly complex case with two trials and two appeals took more than 11 years to win, but in February of this year, following the second appeal by the United States, a panel of the 10th Circuit Court of Appeals affirmed the $7.3 million judgment, determining the United States had acted willfully and was responsible for the damages sustained by Mr. Nelson.

Mr. Hersh discussed the complexities associated with representing Mr. Nelson. As a highly skilled trial attorney who has handled numerous traumatic brain injury (TBI) cases, David explained how TBI clients often face a combination of physical, cognitive, and behavioral challenges, and why these kinds of cases require the personal injury lawyer to understand the extent of the client’s injuries and the ongoing medical treatments that are required for long-term care.

David Hersh, Burg Simpson Shareholder and Trial Lawyer

David Hersh has served as lead counsel in a substantial number of complex and catastrophic personal injury cases, including cases involving claims for brain injury, paraplegia/quadriplegia, severe burns and disfigurement, and limb loss. 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. David P. Hersh also has the distinction of being one of only fifteen Colorado attorneys who has attained the “Top Ten” status by Colorado Super Lawyers since 2015.

Click here for the Colorado and Company interview.

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