Notable Cases & Verdicts

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Jim Avery Has Collected Millions of Dollars for His Clients

In a confidential settlement, the founder of AVERY LAW FIRM™, Jim Avery, settled what was said (by the settlement judge) to be the largest malpractice settlement in Colorado since the advent of tort reform legislation in the mid-1980′s. Although state law (tort reform) purports to place a cap of $1 million on malpractice awards, Mr. Avery pioneered arguments for excess awards and was to negotiate a settlement in a malpractice case for damages which exceeded the cap by multiple millions, on behalf of a brain injured child. Most malpractice cases are subject to confidentiality clauses, which preclude a lawyer from publicizing the result. Jim Avery has helped his clients recover more than a million dollars in numerous cases, often times without the necessity of a trial, with a judgment in excess of $18 million in one notable case.

Mr. Avery has served as the lead attorney in numerous cases garnishing national recognition to the firm. What follows are summaries of a few of these cases.

 

Brain Injury Case WON!

Mr. Avery represented a Littleton, Colorado hair dresser who suffered post traumatic concussion and other trauma in an automobile accident.  Although her past medical expenses totaled only $40000, Mr. Avery was able to convince a jury to award the injured single mother of two $550,000 for pain and suffering and $311,000 for economic losses, for a total verdict of $861,000.  The final judgment totaled about $1.2 million with interest and costs added.

Commodities Fraud Case WON!

Mr. Avery represented a large group of investors in a $30 million commodities fraud case against Western Monetary Consultants and its principal, William R. Kennedy, Jr.. Mr. Avery tried the case to a Ft. Collins jury which awarded punitive damages against WMC, then later obtained a multi-million dollar court award against Mr. Kennedy. After successfully completing the civil damage claim, Mr. Avery turned the case over to the United States Attorneys office in Colorado, which successfully prosecuted Mr. Kennedy for racketeering, who is now serving time in a federal prison. The case was one of the first in the country to utilize federal racketeering law to obtain a monetary damage award in a civil case. The case was widely reported in Colorado and California, including extensive coverage in the San Diego Tribune. CASE WON!

Children’s Hospital Medical Malpractice Case SETTLED!

Mr. Avery represented a large group of claimants in a medical malpractice case against a local Children’s Hospital and various pediatric surgeons, arising from a so called epidemic called craniosynostosis. Mr. Avery represented dozens of families who alleged that their infant sons and daughters had unnecessary skull surgery after having been misdiagnosed by a prominent neurosurgeon and plastic surgeon. The case was reported several times on the front page of the Denver Post (October, 1995 and thereafter), the Wall Street Journal (February, 1996) and was the subject of a feature story on ABC’s 20/20 with Barbara Walters and Hugh Downs in April of 1996. CASE SETTLED!

Auto Accident Case WON!

Mr. Avery represented a U.S. Air Force pilot who suffered a mild brain injury as a result of a head-on automobile crash caused by two drivers engaged in road rage. Although there was only a total of $100,000 insurance coverage available, Mr. Avery was able to obtain a jury verdict of $1.75 million in the case and collect every penny, with costs and interest, from Allstate Insurance Company. CASE WON!

Insurance Bad Faith Case SETTLED!

Mr. Avery filed suit against Liberty Mutual Insurance Company for bad faith, unfair trade practices and consumer fraud on behalf of a poor African-American who suffered a brain injury in a single vehicle roll-over accident and was denied worker’s compensation benefits. CASE SETTLED!

Legal Malpractice Case WON!

Mr. Avery sued Houston billionaire lawyer John Eddie Williams Jr. alleging legal malpractice accusing the lawyer of committing malpractice in the handling of an airplane crash case which resulted in the disability of a prominent commercial landscape architect. The trial was in Mr. William’s home town, Houston. CASE WON!

Sports Liability Case WON!

Mr. Avery tried a ground breaking premises liability/negligence case against Gold Crown Foundation, Inc., the organizer of amateur athletic events in Colorado. Mr. Avery argued that Gold Crown was negligent for failing to provide emergency personnel and procedures for the recognition and treatment of heat stroke at a summer high school basketball game played in a local community school gymnasium, and that the facility was unreasonably dangerous without climate control. CASE WON! ($1.6 million dollar verdict)

Medical Malpractice Case SETTLED!

Mr. Avery filed suit against an emergency room physician and local hospital alleging the failure to diagnose and treat an aortic dissection which resulted in the death of a 42 year old bricklayer. CASE SETTLED!

Medical Malpractice Case SETTLED!

Mr. Avery filed suit against a cardiothoracic surgeon alleging the negligence performance of a surgery to remove a paraspinous tumor which resulted in the paralysis of a 32 year old Walmart employee. CASE SETTLED!

INSURANCE BAD FAITH CASE SETTLED!

Mr. Avery filed suit against Chub Insurance Group on behalf of a home owner who suffered water penetration during the 2013 Colorado floods.  The presence of mold was detected in the home and Chubb claimed a $10,000 mold exclusion applied.  CASE SETTLED for $1 Million!

 

 

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