James W. Avery

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. Awards and Honors Super Lawyers® Selectees James W. Avery included in a Super Lawyers® list Honors Who’s Who in American Law, Super Lawyers, 2006 - 2007 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 Other Sources of Feedback About James W. Avery Included on the 2026Colorado Super Lawyers list Past Lists 2025 Colorado Super Lawyers list 2024 Colorado Super Lawyers list 2023 Colorado Super Lawyers list 2022 Colorado Super Lawyers list 2021 Colorado Super Lawyers list 2020 Colorado Super Lawyers list 2019 Colorado Super Lawyers list 2018 Colorado Super Lawyers list 2017 Colorado Super Lawyers list 2016 Colorado Super Lawyers list 2015 Colorado Super Lawyers list 2010 Colorado Super Lawyers list 2008 Colorado Super Lawyers list 2007 Colorado Super Lawyers list 2006 Colorado Super Lawyers list

• Founder and Principal Trial Lawyer

• Hansen & Breit, P.C., Associate, 1982 - 1985
• Madden & Strate, P.C., Associate, 1985 - 1987

• 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.

• 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.

• 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

• Association for Public Justice (Member)
• Colorado Trial Lawyers Association (Member)
• Indiana Trial Lawyers Association (Member)
• Colorado Bar Association (Member)
• Indiana Bar Association (Member)