About James W. Avery

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James W. Avery D/B/A Avery Law Firm ™ & Denver Injury Law™ is a graduate of the University of Denver College of Law (J.D. 1982) with over 35 years of success as a High Stakes Litigator, has been acknowledged as a leader in the field of personal injury litigation, and invited to join numerous professional organizations which seek to identify the leading lawyers in the country.  Most recent awards/invitations include America’s Top 100 High-Stakes Litigators ®, Lifetime Achievement Membership among America’s Top 100 Attorneys®, America's Top 100 High Stakes Litigtors, Super Lawyers (Civil Litigation-Plaintiff-2006-2019, Mass Torts 2020-2025), AIPIA “10 Best Attorney“-CO-2017, NAOPIA “Top 10 Attorney“-CO-2017, Nation’s Top One Percent (2015), Top 100 Trial Lawyers (2015), “10 Best” Personal Injury Law Attorneys for Client Satisfaction in Colorado (2015), and Best Attorneys of America-Lifetime Charter Member (Invited, 2015).  Listed below are some of those organizations.

PRACTICE AREAS

• SERIOUS PERSONAL INJURY 
• WRONGFUL DEATH
• PROFESSIONAL MALPRACTICE
• PRODUCT LIABILITY
• INSURANCE LAW, BAD FAITH & CONSUMER FRAUD
• TRUCKING, AVIATION, AUTO, MOTORCYCLE, BIKING & PEDESTRIAN ACCIDENTS
• SKIING, RECREATION AND SPORTS ACCIDENTS
• HOSPITAL LIABILITY

BAR ADMISSIONS

• NEW YORK (1982)
• COLORADO (1983)
• INDIANA (2003)
• SUPREME COURT OF THE UNITED STATES (2019)
• S. DISTRICT COURT-COLORADO (1983)
• S. DISTRICT COURT-WESTERN DISTRICT NEW YORK (1983)
• S. DISTRICT COURT-SOUTHERN DISTRICT INDIANA (2003)
• TENTH CIRCUIT U.S. COURT OF APPEALS (1983)
• S. DISTRICT COURT-NORTHERN DISTRICT CALIFORNIA (1989)
• S. DISTRICT COURT-SOUTHERN DISTRICT CALIFORNIA (1991)
• DISTRICT COURT-HARRIS COUNTY (HOUSTON), TEXAS (2004)

EDUCATION

• J.D.,1982, The University of Denver Sturm College of Law, Denver, Colorado

-Barrister’s Cup Fellow (1982)

• B.A.,1979, Austin College, Sherman, Texas

-Psi Chi National Honor Society

PROFESSIONAL AFFILIATIONS

• Colorado Bar Association
• Colorado Trial Lawyers Association
• Indiana Trial Lawyers Association
• Member, Top 100 Trial Lawyers, NTLA
• Member, Top 100 Attorneys, ATA
• Member, Top 100 High Stakes Litigators, ATA
• Member, Nation’s Top One Percent, NADC
• Super Lawyers, 2006-2025,

NOTABLE CASES

• Lead trial lawyer in Marshall Fire Mass Tort Case (Boulder, CO)
• Lead trial lawyer in Rocky Allen HIV Hepatitis Mass Tort Cases (CO, AZ, WA, CA).
• Clark v. Estate of Brookoff, 14CA1131 (2016)-Established new law in Colorado re inapplicability of Dead Man’s Statute when insurance coverage available.
• Zeiger v. Floyd-2012-Largest post-concussion verdict in Colorado-$1.2 million.
• Paraplegia caused by Cardio-thoracic surgeon-2011-Anonymous settlement-$1 million policy limits.
• Death by Rural Hospital ED-2010-Anonymous $875,000 settlement for failure to diagnose aortic dissection leading to death.
• Fairbrother v. Gold Crown Foundation, Inc.-2009-First case to apply Premises Liability Act to hold non-profit sports organization liable for brain injury to participant for failure to use air conditioning-$1.6 million verdict.
• C. v. Liberty Mutual Ins. Co., Bad faith settlement for $1.5 million.
• Hance v. Williams, et al.-2005-Aviation case related legal malpractice verdict in Harris County, Texas
• Gensler v. Wilkes-2002-First “Road Rage” verdict in Colorado-$1.1 million verdict
• Ross E. Apgar, et al. v. William R. Kennedy, Jr. – 1998- US Bankruptcy Court-First case to successfully apply civil RICO in Colorado & California-$13+ million awarded
• Kerin et al. v. Children’s Hospital & Edward McCleary MD-1995-Colorado Craniosynostosis Epidemic involved over 600 cases of pediatric neurosurgery-resulted in dismissal of Chief of Neurosurgery and restructuring of Children’s Hospital
• Anonymous Denver Children’s Hospital Settlement- 1995-Largest malpractice settlement to date under Colorado Health Care Availability Act according to Richard Dana, JAG
• Multiple other confidential million dollar settlements in a variety of cases.

MEDIA

• Lead Attorney in Marshall Fire Lawsuit: Xcel Energy "just doesn't want to accept responsibility.". CBColorado.com, June 9, 2023.
• Latest story on Swedish Hospital case:  Channel 4 News-March 4, 2017.
• KPNX 12 News coverage of Lincoln Medical Center and Banner Health Medical Center Patients exposed to HIV Hepatitis in OR-2016.
• Q13, Komo4, King5 News coverage of Northwest Hospital patients exposed to HIV Hepatitis in OR-2016
• Denver Post, FOX31, 4News & 9News coverage of Swedish Med Center patients exposed by dirty needles in OR-2016.  
• FOX31 & 9News coverage of Amber McCullough (mother of conjoined twins) barred from Children’s Hospital Colorado-2015
• Denver Post Sunday, Denver & The West front page “Nonprofit Liable In Heat Injury,” April 5, 2009.
• Rocky Mountain News Front Page, “Road Rage Victim Awarded $1.1 million” March 12, 2002.
• Sunday Denver Post Front Page for Craniosynostosis Epidemic cases in 1995-1996, four times on front page of Sunday Denver & The West section.
• ABC’s 20/20 with Barbara Walters in 1996 for Craniosynostosis epidemic cases.
• Wall Street Journal in 1996 for Craniosynostosis epidemic cases.

PUBLIC SERVICE ACTIVITIES

• Assisted with formation of Brain Injury associations in Colorado and New York.
• Humanitarian aid trips to South Sudan to assist victims of war.
• Supporter of Cherry Hills Community Church Missions Department
• Supporter of GOAL and WARCHILD non-governmental aid agencies and charities.