About James W. Avery

James Avery

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.