Melissa J. Winthers
Top rated Personal Injury attorney in Greenwood Village, Colorado
Dan Caplis Law
Practice areas: Personal Injury; view more
Licensed in Colorado since: 1998
Education: University of Denver Sturm College of Law
Languages spoken: English, Spanish
Call today:
303-770-5551
Dan Caplis Law
6400 S. Fiddler’s Green CirclePenthouse Suite 2200
Greenwood Village, CO 80111 Visit website
Melissa Winthers is a trial lawyer who has specialized in personal injury law for twenty-four years. She understands that an injury affects not just you but your entire family. Melissa dedicates herself to helping you get your life back.
Melissa knows that having a deep understanding of the medicine is key to presenting your injury case. She has received numerous million dollar plus jury verdicts, judgments, and resolutions for her clients. She has spoken to health care provider associations about trial presentation of traumatic brain injuries and spine injuries. Melissa is an author of the book Colorado Personal Injury, a comprehensive guide for practitioners on the ins and outs of Colorado Personal Injury Law for Lexis Nexis, one of the largest publishers of legal reference, which was published in May 2024. Melissa has been active in the community, helping organizations that assist people who have been injured as they work toward recovery. She has served as the President of the Brain Injury Alliance of Colorado, as a board member of the Chanda Plan Foundation, and as a board member of the Colorado Trial Lawyers’ Association.
Melissa is recognized for her excellence in the practice of law. She has been ranked in the top 50 women attorneys in Colorado by Super Lawyers and has been recognized in the Best Lawyers in America. Melissa received Martindale-Hubbell’s AV preeminent rating, the highest rating for ethical standards and legal ability.
Recent Verdicts
Denver District Court Verdict $1,019,050 plus interest and costs. The offer was $61,133. Our client suffered a mild traumatic brain injury in a rear-end collision. The defense argued that there was not enough damage to our client’s car to suffer a mild traumatic brain injury. The breakdown of the verdict was $525,600 for non-economic damages, $493,450 and for economic damages.
Verdict Weld County District Court $1,200,000 plus interest and costs. The statutory offer of settlement was $135,000. Our 63-year-old client suffered a fractured 4th metatarsal, mild traumatic brain injury, facet joint injury and cervical instability when he was hit in a cone zone by a semi. Our client was working when the back end of the trailer crossed the double yellow line and knocked our client to the ground. The defense argued that the hit was a “brush” and could not have resulted in a mild TBI. The verdict broke down as follows: $400,000 for economic loss, $300,000 for non-economic loss, $400,000 for physical impairment and $100,000 for loss of consortium.
Practice areas
Personal Injury - General: PlaintiffFocus areas
Brain Injury, Construction Accident, Dram Shop Laws, Motor Vehicle Accidents, Personal Injury - Plaintiff, Premises Liability - Plaintiff, Slip and Fall, Wrongful Death
- 100% Personal Injury - General: Plaintiff
First Admitted: 1998, Colorado
Professional Webpage: https://www.dancaplislaw.com/about-us/melissa-winthers-esq-/
Bar / Professional Activity
- Member, Denver Bar Association
- Board Member, TBI Trust Fund , 2016
- Board of Directors, Colorado Trial Lawyers Association, 2005-2007
- Co-chair, New Lawyer's Committee, CTLA
- Board of Directors, Brain Injury Alliance of Colorado, 2010-2017
- Tenth Circuit Court of Appeals
- Member, American Bar Association
- President-Elect, BIAC board, 2012
- Colorado Supreme Court
- Member, Colorado Bar Association
- Co-chair, Membership Committee, CTLA
- President of the Board, Brain Injury Alliance of Colorado, 2015
Verdicts / Settlements (Case Results)
- Verdict of $1,200,000 for 77 year old man with mild traumatic brain injury and C4-6 fusion after being rear-ended, 2025
- Wrongful death settlement for $6,000,000 policy limits for wife of man killed on motorcycle when rear-ended, 2024
- Denver District Court Verdict $1,019,050 plus interest and costs. Offer was $61,133. Our client suffered a mild traumatic brain injury in a rear-end collision. The defense argued that there was not enough damage to my client's car to suffer a mild traumatic brain injury. The breakdown of the verdict was $525,600 for non-economic damages, $493,450 and for economic damages. , 2023
- Verdict Weld County District Court 1,200,000 plus interest and costs. Statutory offer of settlement was $135,000. Our 63 year old client suffered a fractured 4th metatarsal, mild traumatic brain injury, facet joint injury and cervical instability when he was hit in a cone zone by a semi. Our client was working when the back end of the trailer crossed the double yellow line and knocked our client to the ground. The defense argued that it was a "brush" and could not have resulted in a mild TBI. Verdict broke down as follows: $400,000 for economic loss, $300,000 for non-economic loss, $400,000 for physical impairment and $100,000 for loss of consortium., 2023
- 1.8 million dollars for deaths and injuries resulting from tractor-trailer collision, 2016
- 1,400,000 for client injured in collision who required extension of a previous 2 level cervical fusion to 6 levels, suffered aspiration pneumonia and hypoxemia after surgery, and suffered a mild traumatic brain injury with significant tinnitus. , 2019
- Verdict of $1,124,221 including interest for 36 year old woman who suffered mostly "soft tissue" injuries including upper cervical ligamentous laxity, loss of cervical and lumbar lordosis, facet joint pain, 10% T7 compression fracture, thoracic outlet syndrome, post traumatic stress disorder, anxiety and depression. Client was working part time at the time of the collision and was unable to progress to full time employment due to her injuries. , 2019
- 2.375 million dollars for brain injured client resulting from car accident , 1 million dollars for client with pelvic crush injuries resulting from car vs pedestrian accident, 766,000 for client who suffered brain injury and orthopedic injuries (shoulder and foot) in trucking accident, 600,000 for brain injured client resulting from car accident, 300,000 for client with cervical fusion resulting from car accident., 2014
- 1.75 million dollars for client who suffered burn injuries on an airplane, 2015
Representative Clients
- Representative clients include clients suffering from catastrophic injuries including burn injuries, brain injuries, crush injuries, traumatic neck, back and orthopedic injuries and wrongful death resulting from negligence
Pro bono / Community Service
- Chanda Plan Foundation
Educational Background
- Colorado College, B.A., Political Science, Spanish and Education, 1995
Scholarly Lectures / Writings
- In this seminar I covered properly documenting your patients’ injuries in the medical legal case. I went over case examples from trials where the chiropractic records and testimony were key in helping the jury understand the plaintiffs’ injuries and how those records were important. I covered what chiropractors’ records should include in the medical legal case as well as problems I see with records. I covered the Etherton case on the steps doctors should go through in determining injury causation in the medical legal case., Speaker, Properly documenting your patients' injuries in the personal injury case, Colorado Chiropractic Association, Chiropractors, 2021
- Co-authored Colorado Personal Injury which is a comprehensive guide to personal injury law in Colorado. , Co-author, Colorado Personal Injury, LexisNexis, Plaintiff And Defense Personal Injury, Judicial, 2024
- The book is a treatise on Colorado Personal Injury published by Matthew Bender, author, Colorado Personal Injury, LexisNexis, Plaintiff And Defense Personal Injury Law, 2024
- I spoke about the importance of understanding the breakdown of an insurer's evaluation and documenting any concerns with it and the timing of retaining bad faith experts and filing a lawsuit, speaker, Bad Faith 101: How You Can Help Your Expert Help You, Colorado Trial Lawyer's Association, Plaintiffs' Attorneys, 2023
- Webinar regarding the importance of physical therapists' medical records in the personal injury case, speaker, Medical Records in the PI Case, American Physical Therapy Association, Colorado Chapter, 2022
- Webinar for Colorado Chiropractic Association regarding the importance of integrative providers' medical records in the personal injury case, speaker, Medical Records in Personal Injury Cases, Colorado Chiropractic Association, 2022
- Discuss best practices for protecting insureds by providing the right coverage and personal injury claims, speaker, Protecting Your Clients By Knowing the Law and Providing the Right Coverage, IMA Select Insurance Brokerage, Insurance, 2022
- Discuss physical therapists' role in the personal injury case, speaker, PT and Personal Injury Patients: What You Need To Know, American Physical Therapy Association Colorado Chapter Annual Conference, Physical Therapists, 2021
- This presentation focused on the new health-care lien law effective on September 6, 2021 including the new requirements, filing liens with the Secretary of State, and practical how-to's in deciding whether a health-care provider chooses to treat on a lien. , speaker, Colorado's New Health-care Lien Law, Ogborn Mihm LLP, Health-care Providers, 2021
- Colorado enacted a new lien law that will take effect September 6, 2021. The seminar focused on the changes in the law and practical how-to's regarding filing liens with the Secretary of State and deciding whether to treat on a lien , Speaker, Understanding Colorado's New Health-care Lien Law, Colorado Chiropractic Association, Chiropractors, 2021
- Brain and Balance Care, Speaker, Brain and Balance Care, Howard Head Sports Medicine, Vail Health Hospital, Personal Injury, 2019
- Described how to appropriately document a patient's injuries, causation of those injuries, permanency and future care needs in the medical records, Speaker, Appropriate record keeping for the practitioner in the medical legal case, Chiropractic organization, Chiropractic, 2020
- Appropriate Record Keeping, Billing and Testimony in the Legal Case-A-Z, Lecturer, Appropriate Record Keeping, Billing and Testimony in the Legal Case-A-Z, International Chiropractors Association, Personal Injury, 2019
- Understanding Vestibular Injury in Traumatic Brain Injury Cases, co-writer, Understanding Vestibular Injury in Traumatic Brain Injury Cases, Trial Talk (CO), Personal Injury, 2019
- Why the Made Whole Doctrine Does Not Apply to Your Liens , Colorado Chiropractic Association, 2011
- Auto Injuries Unplugged, Auto Injuries Unplugged, The Colorado Chiropractic Annual Convention, 2013
- Colorado Governmental Immunity-The Harsh Realities , Colorado Chiropractic Association, 2011
- Understanding Neurologic Physical Therapy and Neurotology, The Brain Injury Alliance of Colorado 2012 Annual Convention
- Year-End Car Insurance Review , Colorado Chiropractic Association, 2011
- Protecting yourself in case of an accident, ABATE of Colorado Seminar, 2010
- Dispelling Some Common Myths About the PI Case , Colorado Chiropractic Association, 2011
- Brain Injury Survivor Support Group, 2010
- Finding All the Available Insurance Coverage , Colorado Chiropractic Association, 2012
- Brain Injury Association of Colorado - Self-Advocacy Workshop Speaker, 2009
- Pennies for Peace of Mind, Colorado Chiropractic Association, 2012
- Boulder Community Hospital, Brain Injury Team Legal Record Keeping Workshop, 2008
- The Difference between a Pre-existing Condition and a Pre-disposition , Colorado Chiropractic Association, 2012
- Medicine For Lawyers, Colorado Trial Lawyers Association, 2008
- Your Insurance Company's Duties to You , Colorado Chiropractic Association, 2012
- Subrogation, Colorado Trial Lawyers Association, 2008
- Colorado Damages Categories , Colorado Chiropractic Association, 2012
- The Essential Update, Boulder County Bar Association, 2007
- Billed vs. Paid Put to Rest by the Colorado Supreme Court , Colorado Chiropractic Association, 2012
- Medical Treatment Options in Treating Whiplash Injuries / How to Better Handle Cases, Capstone America, 2006
- Youth Sports Concussions and the Law , Colorado Chiropractic Association, 2012
- , How to Thrive in Court / Understanding the New Rules of Engagement, 2006
- Appropriate Medical-Legal Record Keeping and Documentation in the Brain Injury Case , Colorado Chiropractic Association, 2012
- Understanding Neurologic Physical Therapy and Dizziness--medical and legal perspectives, Brain Injury Alliance Of Colorado, 2015
- Complex Regional Pain Syndrome and When to Refer to a Pain Management Physician, Colorado Chiropractic Association, 2013
- Court Clarifies Who Can Bring Bad Faith Claims Against Insurance Companies, but Questions Remain , Colorado Chiropractic Association, 2013
- Understanding the Personal Injury Case and Your Role A to Z, Colorado Chiropractic Association, 2014
- Legal update 2015: Changes in Insurance and Other Practice Pointers, Colorado Chiropractic Association, 2015
- Colorado Supreme Court Abolishes the Sudden Emergency Doctrine , Colorado Chiropractic Association, 2013
- To Lien or Not to Lien: Should You Enter Into a Lien Agreement?, Colorado Chiropractic, 2010
- The Pressure to Perform-Soldiers and Athlete's Reluctance to Report Brain Injury, Colorado Chiropractic Association, 2013
- Hospital Liens: What You Need to Know, Colorado Chiropractic Association
- What you Post on Facebook Can and Will Be Used Against You in a Court of Law: The Dangers of Social Networking In Litigation , Colorado Chiropractic Association, 2013
- The Cost of the Wrong Insurance, Colorado Chiropractic Association, 2015
- Attractive Nuisance Doctrine Regarding Children's Injuries Clarified , Colorado Chiropractic Association, 2013
- ABLE Act Helps Families Save to Cover Lifetime Expenses of Disability , Colorado Chiropractic Association, 2015
- Colorado Increases Caps on Damages Recoverable Under the Colorado Governmental Immunity Act , Colorado Chiropractic Association, 2013
- Hospital Liens: What You Need to Know , Colorado Chiropractic Association, 2010
- When Motor Vehicle Insurance Companies CANNOT Increase Your Premium , Colorado Chiropractic Association, 2013
- Med Pay Basics: A Guide for the Colorado Chiropractic Clinic , 2010
- A Lack of Understanding , Colorado Chiropractic Association, 2014
- To Play or Not to Play, That is the Question , Colorado Chiropractic Association, 2014
- Identify the Early Warning Signs of Brain Injury , Colorado Chiropractic Association, 2010
- Your File in the Medical-Legal Case , Colorado Chiropractic Association, 2014
- The New Made Whole Law , Colorado Chiropractic Association, 2010
- What Information Should be in a Medical-Legal Narrative Report , Colorado Chiropractic Association, 2014
- The New Made Whole Law: Part 2, Colorado Chiropractic Association, 2010
- Recorded Statements/Solicitation of Settlements by Insurance Companies-Rules of the Road, Colorado Chiropractic Association, 2015
- Malpractice Maze: Do I Have the Right Type of Professional Liability Insurance Policy?, Colorado Chiropractic Association, 2010
- Integrative Therapies and Personal Injury, Colorado Chiropractic Association, 2015
- The Use of Treatment Guidelines by Insurance Companies , 2010
- Bringing to Light the Dark World of Insurance Examinations, Colorado Chiropractic Association and Colorado Chiropractic Society, 2016
- Co-chair, Medicine for Lawyers Seminar, Colorado Trial Lawyer's Association, 2016
- Lawyer-Friend or Foe?, Colorado Chiropractic Association, 2011
- Showing the Consequences of Mild Traumatic Brain Injury Are Anything But Mild, The Brain Injury Alliance of Colorado Annual Convention, 2014
- Appropriate Record Keeping and Testimony in the Legal Case, OT Plus, 2016
- The Legal Significance of Patient Medical Records , Colorado Chiropractic Association, 2011
- Properly Documenting Your Patients’ Injuries, Colorado Chiropractic Association Presentation
- Speaker, The Personal Injury Case Investigation, Sterling Education Services, Inc., 2016
- Perfecting Your Lien , Colorado Chiropractic Association, 2011
- The Collaborative Management of Cervical Spine Injuries and Patient Centered Care: Using Best Evidence to Help Patients Recover and Document What’s Wrong, Colorado Chiropractic Association Legislative Lunch Speaker, 2012
- Speaker, The Personal Injury Case Investigation, Sterling Education Services, Inc., 2016
- PI Cases: Shattering the Myths , Colorado Chiropractic Association, 2011
- The Collaborative Management of Cervical Spine Injuries and Patient Centered Care: Using Best Evidence to Help Patients Recover and Document What’s Wrong, 2011 Capstone America
- Case Study: Full Payments on Your Lien , Colorado Chiropractic Association, 2011
- Appropriate Medical-legal Record Keeping and Documentation for Occupational Therapists, The Occupational Therapists Association of Colorado Annual Convention, 2012
- Lessons from Trial: The Detriment of the Internet , Colorado Chiropractic Association, 2011
Other Outstanding Achievements
- Honored with a ranking in Best Lawyers in America, 2022
- Co-authored Colorado Personal Injury published by LexisNexis, a comprehensive guide to personal injury law for practitioners on the ins and outs of Colorado personal injury law. , 2024
- Ranking Best Lawyers in America medical malpractice, 2019
Honors
- Named in personal injury and medical malpractice, Ranking in Best Lawyers in America, Best Lawyers in America, 2020
- Ranked in personal injury and medical malpractice, Ranking in Best Lawyers in America, Best Lawyers in America, 2022
- Honored with a ranking in personal injury and medical malpractice, Best Lawyers in America, Best Lawyers in America, 2021
- Rising Star, Super Lawyers
- Lecture on appropriate record keeping for the practitioner in the medical legal case, Appropriate record keeping for the practitioner in the medical legal case, International Chiropractic Association, 2019
- Avvo rating--superb, 2015
- Top 100 Litigation Attorneys, National Trial Lawyers
- AV Rating, Martindale Hubble, 2013
- Top 40 Under 40, American Society of Legal Advocates
Industry Groups
- American Association For Justice
- Colorado And Denver Bar Associations
- Colorado Trial Lawyers Association
Office location for Melissa J. Winthers
6400 S. Fiddler’s Green Circle
Penthouse Suite 2200
Greenwood Village, CO 80111
Phone: 303-770-5551
Selections
- Super Lawyers: 2015 - 2026
- Rising Stars: 2013