About Nick Fogel

Nick D. Fogel is the practice group leader of Burg Simpson's workers' compensation department, which has achieved Tier 1 status by U.S. News and World Report. His practice is devoted to those injured on the job, with a particular focus on law enforcement, firefighters, and first responders who sustain injuries in the line of duty. He has also handled medical retirement claims through the Fire Police Pension Association.

In 2017, he assisted in the passage of HB 1229, which changed the legal standard to allow admission of workers' compensation benefits for first responders related to on-duty PTSD. In 2016, he was named Outstanding Claimant Attorney of the Year by the Professionals in Workers Compensation. He was also selected in 2010 by Law Week Colorado as one of Colorado's Up-and-Coming Lawyers.

Proven verdicts and settlements at Burg Simpson Eldredge Hersh Jardine

These results are credited to Burg Simpson Eldredge Hersh Jardine. A result appears under an attorney's own name only when a published source names them as counsel on the case.

A Maricopa County jury awarded $58.5 million to families who donated deceased relatives' bodies believing they would be used for medical research, only to learn the Biological Resource Center of Arizona had dismembered and sold the remains to brokers worldwide.

Maricopa County Superior Court, Phoenix AZ · 2019Wrongful DeathRead the full story →
$9.1 millionVerdictTop 20 in Colorado · #15

A federal jury awarded Georgina Perez $55.5 million after a Sunbeam Express Crock Multi-Cooker lid blew off and caused severe burns; the court later reduced the award to roughly $9.1 million under Colorado's statutory damages cap.

U.S. District Court, District of Colorado (Case 1:21-cv-01915) · 2024Product LiabilityRead the full story →
~$3.8 millionVerdict

A Denver jury awarded $31.8 million to the family of an 82-year-old woman killed and other residents injured when a punctured Xcel Energy gas line exploded at Heather Gardens retirement community in 2018, assigning Xcel 12% of the fault.

Denver District Court, Denver CO (Case 2020 CV 33286) · 2023Wrongful DeathRead the full story →
$1.17 millionVerdict

A Sears technician miswired Jacqueline Gebert's electric stove in January 2019, and she was electrocuted while lifting a pan. An Arapahoe County jury found Sears negligent and awarded $2,700,000, made up of $2,000,000 in noneconomic damages and $700,000 for physical impairment. The court cut the noneconomic part to the $468,010 statutory limit, so $1,168,010 stood. The Colorado Court of Appeals affirmed in 2023 and upheld the cap against a Seventh Amendment challenge.

Arapahoe County District Court, Colorado (No. 19CV32833) · 2021Product LiabilityRead the full story →
ConfidentialSettlement

Burg Simpson secured a confidential settlement for the three children of Jason Varnish, 46, a New Jersey finance executive who died of positional asphyxiation after his jacket became entangled in a Blue Sky Basin chairlift at Vail in February 2020.

Colorado (Eagle County) · 2023Wrongful DeathRead the full story →

Prior results do not guarantee a similar outcome. Each case is unique and depends on its own facts.

Practice areas

Education

University of Denver Sturm College of Law
J.D., 2007
University of Colorado Boulder, International Affairs
Undergraduate, 2003

Bar admissions & credentials

State Bar of Colorado, admitted 2007

Other attorneys at Burg Simpson Eldredge Hersh Jardine

View firm →