When Your Future Hangs In The Balance, Mr. Avery Stands Ready To Fight
James W. Avery
Contact Me:
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
Biography
James W. Avery 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 has been invited to join numerous professional organizations that 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 Litigators, 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.
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 and Hepatitis in OR-2016.
- Q13, Komo4, King5 News coverage of Northwest Hospital patients exposed to HIV and 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 the front page of the Sunday Denver & The West section.
- ABC’s 20/20 with Barbara Walters in 1996 for the Craniosynostosis epidemic cases.
- Wall Street Journal in 1996 for the Craniosynostosis epidemic cases.
Education
- University of Denver College of Law, Denver, Colorado
- J.D. - 1982
- Honors: Barrister’s Cup Fellow (1982)
- Honors: Top 1/3 of his Class
- Austin College, Sherman, Texas
- B.A. - 1979
- Honors: National Honor Society in Psychology (Psi Chi)
- Honors: Top 10% of his Class
Bar Admission
- New York, 1982
- Colorado, 1983
- Indiana, 2003
- U.S. Supreme Court, 2019
- U.S. District Court District of Colorado, 1983
- U.S. District Court Western District of New York, 1983
- U.S. District Court Southern District of Indiana, 2003
- U.S. Court of Appeals 10th Circuit, 1983
- U.S. District Court Southern District of California, 1991
- U.S. District Court Northern District of California, 1989
- Texas, 2004
Published Works
- Joint Liability of Surgeons, Surgical Malpractice, and Physician Malpractice
Representative 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.
Honors
- Who’s Who in American Law, Super Lawyers
- The National Registry of Who’s Who
- 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
Pro-Bono 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.
Past Positions
- Hansen & Breit, P.C., Associate, 1982 to 1985
- Madden & Strate, P.C., Associate, 1985 to 1987
Professional Associations
- Association for Public Justice, Member
- Colorado Trial Lawyers Association, Member
- Indiana Trial Lawyers Association, Member
- Colorado Bar Association, Member
- Indiana Bar Association, Member
Current Employment Position
- Founder and Principal Trial Lawyer