James W. Avery
Attorney Profile
Top Rated Personal Injury Attorney in Denver, CO
- Personal Injury - General: Plaintiff (40%),
- Class Action/Mass Torts: Plaintiff (20%),
- Personal Injury - Products: Plaintiff (10%),
- Insurance Coverage (10%),
- Professional Liability: Plaintiff (10%),
- Health Care (10%)
Jim Avery has been a top rated trial lawyer for over 30 years who handles serious injury, disabilty and death cases, often involving 7 figures or more in damages. Mr. Avery has focused on catastrophic injury & property losses in areas such as hospital liability, insurance bad faith, automobile and transportation (bus, train, aviation) accidents, and product liability litigation (including vehicle crashworthiness) with emphasis on death, spinal cord injury and Traumatic Brain Injury. He has collected millions of dollars for his clients, handling some of the most complex cases in the fields of medical and legal malpractice, insurance bad faith (commercial lines, homeowners and property claims), birth trauma, neuro-surgical and aviation law, and the first ever road rage case to hold two drivers liable. Most cases are settled under terms of confidentiality. Jim Avery takes pride in helping the particularly vulnerable and establishing new law for the benefit of all personal injury victims, and has won many notable cases which forged new avenues of recovery in the fields of sports injury law, consumer fraud, and hospital & physician liability. A prime example is a recent case won in the Court of Appeals that established the rights of patients to testify against a deceased physician when insurance is available to cover the judgement. Mr. Avery represented dozens of patients against a local children's hospital and its surgeons for performing unnecessary skull operations. Mr. Avery represented dozens of elderly persons robbed of their pensions by Western Monetary Consultants in precious metals trading scheme. Mr. Avery currently leads a mass tort case involving a former Surgical Technician who exposed approx 5,000 patients in four states to HIV and Hepatitis by virtue of being hired with an long history of IV Fentanyl drug addiction (exposing patients to dirty used needles with his bloodborne pathogens). Mr. Avery is admitted to the Bar in the States of Colorado (1983), New York (1984), and Indiana (2003), as well as numerous federal District and Circuit courts. A pilot and motorsports enthusiast, Jim has been extensively involved in humanitarian aid projects in Africa, where he lead teams which established 50 primary schools, churches and medical clinics in Southern Sudan. His firm, Avery Law Firm (Est. 1989), with offices in Denver, Boulder, Lakewood and DTC (Colorado), New York and Indiana, emphasizes catastrophic injury claims.
About James Avery
Admitted: 1983, Colorado
Professional Webpage: http://www.coloradosuperlawyer.com/personal-injury-law-firm/
Honors and Awards:
- Selected as a Top Attorney of North America for inclusion in the 2015-2016 Special Edition of Who's Who Top Professionals., Top Attorneys of North America, Who's Who, 2015
- James W. Avery, of the Avery Law Firm, has been selected to the 2015 list as a member of the Nation’s Top One Percent by the National Association of Distinguished Counsel. NADC is an organization dedicated to promoting the highest standards of legal excellence. Its mission is to objectively recognize the attorneys who elevate the standards of the Bar and provide a benchmark for other lawyers to emulate., Nation's Top One Percent, National Ass'n of Distinguished Counsel, 2015
- Selected for inclusion in Newsweek Magazine's National Top Lawyers for 2011., National Top Lawyers, Newsweek Magazine, 2011
- Named one of the "Top 100 Trial Lawyers" in Colorado by The American Trial Lawyers Association. www.theatla.com, Top 100 Lawyers, The ATLA, 2007
- Fellow of the Litigation Counsel of America, a Trial Lawyer Honorary Society dedicated to the preservation of the civil justice system in America. www.trialcounsel.org, Fellow of the Litigation Counsel of America
Special Licenses/Certifications:
- Private Pilot License. PADI Open Water Scuba certified. Motorcycle License. NASA sports car racing license.
Bar/Professional Activity:
- Colorado Trial Lawyers Association, Colorado Bar Association, Indiana Trial Lawyers Association.
Pro bono/Community Service:
- Sponsoring a new charity to provide educational opportunity for disadvantaged children, www.care4children.org. , 2013
- Supporter of War Child, a nonprofit association for the benefit of the child victims of war.
- The Sudan Project; Home Christian Fellowship; Brain Injury Association of Colorado.
Scholarly Lectures and Writings:
- Discusses the imposition of joint liability of physicians after the enactment of new tort reform laws limiting joint and several liability of tortfeasors., Author, The Pro Rata Liability Act and Imposition of Joint Liability Against Physicians, The Colorado Lawyer Magazine, 1998
Verdicts and Settlements:
- Patient claiming $9 million damages prevailed in Colorado Court of Appeals and established new law in Colorado that Dead Man's Statute has no applicability where insurance covers any judgment. Clark v. Brookoff, 2014CA1131 (4-7-16). Patient had been prescribed Ketamine without warning of the risks, and trial court ruled over objection that statements of physician (deceased) were inadmissible under Dead Man's Statute. Judgment overturned and new trial granted. , 2016
- $1 Million insurance Bad Faith Settlement by property owner against Chubb Group of Insurance Companies and Great Northern Insurance Company. Property owner suffered water penetration during 2013 Colorado floods, which developed into mold inside the dwelling. Parties could not agree on damages, and Chubb demanded appraisal under the policy, which contained a $10,000 mold limitation. Property owner sued for bad faith in U.S. District Court., 2016
- Obtained a jury verdict in the amount of $1.25 million for an auto accident victim who suffered soft tissue injuries including post-traumatic concussion induced headaches (MTBI-mild traumatic brain injury). Settled case post-verdict for $1.05 million. This is the largest known award and settlement in Colorado for post-concussion headache syndrome. , 2012
- James Avery notable trial result: $1.6 million jury verdict in favor of 14 year old who suffered heat stroke in youth basketball league game operated by Gold Crown Foundation, Inc.
- Confidential settlements in 2010: Paraplegic sued Cardiothoracic surgeon for medical malpractice after paralyzing injury suffered during removal of paraspinal tumor. Survivors of young male who died from aortic dissection sued local emergency physician and clinic for failure to make correct diagnosis. Insured sued Dairyland Insurance Co. for bad faith as a result of refusal to pay underinsured motorist benefits policy limits.
Representative Clients:
- Lead trial lawyer representing hundreds of victims exposed to HIV and Hepatitis by Rocky Allen at five hospitals around the U.S., including Seattle (WA) Northwest Hospital, La Jolla (CA) Green Hospital, Glendale (AZ) Thunderbird Medical Center, Phoenix (AZ) John C. Lincoln Medical Center, and Englewood (CO) Swedish Medical Center., 2016
- Lawyer for victims of catastrophic injury and death, and their families.
Educational Background:
- Juris Doctor-University of Denver College of Law (1982) Bachelor of Arts-Austin College, Sherman, Texas (1979), 1982
Industry Groups
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Last Updated: 7/27/2017