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 AND ACCOLADES
Recipient of the Charles B. Dillion Award of Merit for Outstanding Public Service, Arapahoe County Bar Association, 2021
AV Preeminent® Rating, Martindale-Hubbell
AVVO®, Highest Distinction of Superb, 10.0 Attorney Rating
Best Lawyers in America®
Best Lawyers®:
• “Lawyer of the Year," Legal Malpractice Law – Plaintiffs, Denver, 2014, and 2016
• “Lawyer of the Year,” Professional Malpractice Law – Plaintiffs, Denver, 2022
• Plaintiffs, Legal Malpractice Law
• Plaintiffs, Professional Malpractice Law
• Plaintiffs, Personal Injury Litigation
• Plaintiffs, Product Liability Litigation
• Plaintiffs, Construction Law
Law Week Colorado's, Barrister's Best:
• People’s Choice Award, Best Corporate Law Lawyer, 2018-2019
• People’s Choice Award: Best Class Action/Mass Tort Lawyer for Plaintiffs, 2021
• Barrister's Choice (Editorial Selection): Best Class Action/Mass Tort Lawyer-Plaintiffs, 2020
• Barrister's Best - People's Choice Award: Best Commercial Litigator, 2015
Litigation Star, Benchmark Litigation:
• United States – Plaintiff, Mass Tort/Product Liability, 2013
• Colorado – Plaintiffs, 2013
U.S. Legal 500, 2012 and 2013
The National Trial Lawyers:
• Top 100 Attorney, Civil Litigation
• Top 25 Brain Injury Trial Lawyers
• Top 25 Class Action Trial Lawyers
• Top 10 Insurance Bad Faith Trial Lawyers
• Top 10 Business Tort Trial Lawyers
Colorado Super Lawyers®:
• Top 100 Super Lawyers® for Business Litigation, 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.
5280 Magazine Top Lawyer
• Civil Litigation
• Commercial Litigation
America’s Top 100 High Stakes Litigators®
America’s Top 100 Bet-The-Company Litigators®
Order of the Barristers
Memberships
American Board of Trial Advocates (ABOTA)
Roster of Neutrals, American Arbitration Association
Colorado Bar Association Nominating Committee (former)
Colorado Supreme Court Task Force for Lawyer Well-Being
University of Wyoming College of Law Dean’s Advisory Board
University of Wyoming President's Society
Federal Bar Association
Member and Presenter, Faculty of Federal Advocates (FFA)
Colorado Bar Association (Litigation, Products Liability and Tort Law Sections)
Wyoming Bar Association
The National Trial Lawyers (NTL)
Colorado Trial Lawyers Association (CTLA)
Wyoming Trial Lawyers Association
Diversity Law Institute (DLI)
American Society of Legal Advocates (ASLA), 2014-2019
American Association for Justice (AAJ)
Trial Law Institute (TLI)
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
Positions
President, The National Trial Lawyers’ Insurance Bad Faith – Top 10 Trial Lawyers Association
Senior Fellow, Litigation Counsel of America
Fellow, Colorado Bar Foundation
Past President, Arapahoe County Bar Association (ACBA)
Fellow, Arapahoe County Bar Association Foundation
Executive Board Member, Business Torts Trial Lawyers Association
Past Chair, United States District Court for the District of Colorado Committee On Conduct
Board of Directors, CLE Colorado (Former)
Board of Governors, Colorado Bar Association (Former)
Colorado Bar Association Ethics Committee (Former)
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
