Dave Hersh is a civil trial lawyer with the skill, passion, and experience to win your case. When your business or health is on the line, Dave is the advocate you want in your corner, fighting for you. For more than 35 years Dave has focused his practice on civil trial work. Dave thrives on handling complex civil cases, presenting them simply, effectively, and persuasively to a jury. Dave has tried well over 145 civil jury trials to verdict and has “tried” scores of civil arbitrations and bench trials to their conclusion, with an outstanding “win” record in all venues. Dave has dedicated his life to advocating for others in their time of need.
Dave is the practice group leader of the business and commercial litigation department of Burg Simpson. He focuses his practice on complex commercial matters involving contract disputes, breach of fiduciary duty, ownership disputes, construction matters, “bet your company” litigation, COVID-19 Business Interruption Claims, and professional negligence. Admitted to practice before the United States, Colorado, and Wyoming Supreme Courts, as well as numerous Federal Courts, Dave has tried civil jury trials to verdict throughout the United States. In addition, he has served as lead counsel in a substantial number of complex commercial litigation cases as well as a number of catastrophic personal injury cases, including cases involving claims for brain injury, paraplegia/quadriplegia, severe burns and disfigurement, and limb loss. Dave has handled a number of “toxic torts”, including being appointed class counsel for more than 65,000 residents of Colorado Springs to redress contaminated groundwater.
A skilled and experienced trial lawyer, Dave 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.
“If you can’t explain it simply, you don’t understand it well enough.”
Albert Einstein
PRACTICE AREAS
COVID-19 Business Interruption Claims
Brain Injury
Construction Defects
Catastrophic Injuries
Commercial Litigation
Environmental Litigation
Legal Malpractice
Pharmacy Malpractice
Products Liability
Professional Liability & Malpractice
HONORS & ACCOLADES
America's Top 100 High Stakes Litigators, 2021
AV Preeminent® Rating, Martindale-Hubbell
Selected to Best Lawyers in America®, 2013-2021
Best Lawyers® “Lawyer of the Year," Legal Malpractice Law – Plaintiffs, Denver, 2014 and 2016
Best Lawyers®, Plaintiffs, Legal Malpractice Law, 2013 – 2019
Best Lawyers®, Plaintiffs, Professional Malpractice Law, 2013 – 2019
Best Lawyers®, Plaintiffs, Personal Injury Litigation, 2016-2019
Law Week Colorado's, Barrister's Best - People's Choice Award, Best Corporate Law Lawyer, 2018-2019
Law Week Colorado's Barrister's Best - People's Choice Award, Best Commercial Litigator, 2015
America’s Top 10 High Stakes Litigators® 2019
AVVO®, Highest Distinction of Superb 10.0 Attorney Rating
Senior Fellow, Litigation Counsel of America
Litigation Star, Benchmark Litigation, United States – Plaintiff, Mass Tort/Product Liability, 2013
Local Litigation Star, Benchmark Litigation, Colorado – Plaintiffs, 2013
U.S. Legal 500, 2012 and 2013
Top 100 Attorney, The National Trial Lawyers, 2009 - 2020
Top 25 Brain Injury Trial Lawyers, The National Trial Lawyers
Top 10 Insurance Bad Faith Trial Lawyers, The National Trial Lawyers
Top 10 Business Tort Trial Lawyers, The National Trial Lawyers
Selected to Colorado Super Lawyers®, 2006-2008, 2011-2021
Top 100 Super Lawyers®: 2010, 2012-2018, 2020-2021
In 2015, David P. Hersh attained the "Top Ten" status by Colorado Super Lawyers. He is one of only fifteen Colorado attorneys who has received this distinction.
Selected to Colorado Super Lawyers®, 2011-2015 (Business Litigation, Top 100)
5280 Magazine Top Lawyer, 2016-2021
Order of the Barristers
National Moot Court Competition Recipient, Best Oral Advocate Award
Who’s Who in American Colleges and Universities
BAR ADMISSIONS
U.S. Supreme Court
Colorado Supreme Court
Wyoming Supreme Court
U.S. Court of Appeals, 5th Circuit
U.S. Court of Appeals, 8th Circuit
U.S. Court of Appeals, 10th Circuit
U.S. District Court, District of Colorado
U.S. District Court, District of Wyoming
Shoshone and Arapaho Tribal Court
EDUCATION
J.D., 1983, Wake Forest University School of Law
B.S., 1981, Bob Jones University, Accounting and Public Speaking
PROFESSIONAL AFFILIATIONS
President of The National Trial Lawyers’ Insurance Bad Faith – Top 10 Trial Lawyers Association
Chair, Committee On Conduct (COC)
Member, American Board of Trial Advocates (ABOTA)
Board of Directors, CLE Colorado (Representative of the Colorado Bar Association)
Member, Colorado Bar Association Ethics Committee
President, Arapahoe County Bar Association (ACBA)
Colorado Bar Foundation Fellow
Roster of Neutrals, American Arbitration Association
Fellow, Litigation Counsel of America
Former Board of Governors, Colorado Bar Association
Colorado Bar Association (Litigation, Products Liability and Tort Law Sections)
Colorado Bar Association Nominating Committee
Member, Diversity Law Institute (DLI)
Wyoming Bar Association
Federal Bar Association
Faculty of Federal Advocates (FFA)
University of Wyoming College of Law Advisory Board
Faculty, University of Wyoming Law School Summer Trial Institute
University of Wyoming President's Society
The National Trial Lawyers (NTL)
Executive Board Member, Business Torts Trial Lawyers Association
Colorado Trial Lawyers Association (CTLA)
Member, American Society of Legal Advocates (ASLA), 2014-2019
Wyoming Trial Lawyers Association
American Association for Justice (AAJ)
Member, Trial Law Institute (TLI)
Member, Colorado Supreme Court Task Force for Lawyer Well-Being
COMMUNITY INVOLVEMENT
Actively involved in the community through pro bono work and various non-profit organizations, including service on their boards
Committee Member, Craig Hospital PUSH for a Cure Committee (former)
Active in the Brain Injury Alliance of Colorado (including presentations)
Active supporter of "Jam the Damz" and "Pedal 4 Possible," integrated cycling tours through the Denver Metro area that help raise funds for Craig Hospital, U.S. Handcycling, and Adaptive Adventures
Faculty Member, University of Wyoming College of Law Summer Trial Advocacy Institute
Dean's Advisory Board Member, University of Wyoming College of Law
Trial practice lecturer, University of Wyoming College of Law
Guest Instructor in trial tactics for the American Bar Association-sponsored National Institute of Trial Advocacy (NITA) School
Featured speaker at numerous educational events, including the Colorado Trial Lawyers Association Trial Lawyers College
Former Member of the Board of Trustees, Legal Aid Foundation of Colorado
Member Emeritus of the Board of Directors, Colorado Judicial Institute (CJI)
Fellow Emeritus of the Arapahoe County Bar Foundation
Fellow Emeritus of the Colorado Bar Association foundation
Served on the Judicial Facilities Review Commission, Arapahoe County Bar Association
