Mr. Damschen's practice focuses on litigation of all types, including construction defects, personal injury, contract disputes, and insurance matters. Mr. Damschen has represented both plaintiffs and defendants and has litigated cases through arbitration and in all levels of Colorado courts from county courts up to the U.S. District Court for the District of Colorado and the Tenth Circuit Court of Appeals.
Mr. Damschen was raised in the small town of Plains, Montana in the mountains of western Montana. He obtained his Bachelor of Science degree in Sociology - Social and Criminal Justice from Montana State University in Bozeman, Montana, in 1990. He then attended the University of Minnesota Law School in Minneapolis, Minnesota obtaining his Juris Doctorate Degree cum laude in May of 1993. Mr. Damschen passed the Colorado Bar Examination and was admitted to practice in the State of Colorado in October of 1993. Mr. Damschen was also admitted to practice in the United States District Court for the District of Colorado in 1993. In 1998 Mr. Damschen was admitted to practice before the United States Court of Appeals for the Tenth Circuit. Mr. Damschen has practiced extensively in both State and Federal Trial Courts in Colorado and has argued appeals before the Tenth Circuit Court of Appeals.
From 1993 through 2001, Mr. Damschen practiced extensively in the area of civil rights, pursuing claims before Colorado State administrative bodies and in United States District Court for the District of Colorado related to violations of employee's civil rights, including race and gender discrimination, sexual harassment, and disability discrimination.
In approximately 1999, Mr. Damschen began representing home owners pursuing claims for construction defects. Murray & Damschen, P.C. was formed in March of 2002 and the firm has focused on representing home owners and homeowner associations (HOAs) regarding all kinds of construction defect matters including, but not limited to, damages from expansive soils, structural defects and damages, drainage defects, builder's failure to follow engineering recommendations or industry standards, water infiltration, mold, and defective building envelope systems. The firm also handles cases involving real estate transactions in which a seller's has failed to disclose known defects and damages.
Throughout his practice, Mr. Damschen has also handled numerous personal injury cases, including injuries resulting from automobile accidents, premises liability, negligent security and medical malpractice. Mr. Damschen has also worked extensively on insurance-related claims, including bad faith breach of insurance contracts. These cases have involved varying disputes from health care coverage to fire damage to businesses. Mr. Damschen has also acted as counsel to the Receiver on various insurance company receivership matters.
Mr. Damschen has represented numerous individuals and businesses in contract disputes, collection matters and other litigation. He also represents both landlords and tenants in various matters.
In his litigation practice, Mr. Damschen has gained experience representing individuals and business clients in various types of disputes including, but not limited to single family and multi-unit construction defect matters; bad faith breach of insurance contracts; wrongful death; personal injury, including automobile accidents; premises liability, including negligent security; and landlord-tenant disputes.
In addition to his civil litigation practice with Murray & Damschen, P.C., Mr. Damschen also accepts cases as a Mediator. In January of 2007 Mr. Damschen completed 40 hours of Continuing Legal Education training in the theory and practice of mediation. Since that time he has gained experience providing mediation service through various local volunteer agencies. He has been a member of the Colorado Counsel of Mediators and has provided mediation services through the CAMP program and Jefferson County Mediation Services.
Mr. Damschen can provide either face-to-face facilitative mediation of disputes or shuttle diplomacy litigation settlement conference services, depending on the type of dispute involved and your specific needs and desires.
In cases involving smaller damage claims, the parties often encounter difficulty even getting to the mediation table because at least one of the parties may be unwilling to incur the expenses associated with a full day of mediation with many mediation firms. In many of these cases there is frustration for all involved when settlement could likely be achieved, but for concerns regarding the cost of mediation. While Mr. Damschen mediates all levels of disputes, he offers services with a significantly lower fee schedule in order to encourage parties to mediate cases that may not otherwise be mediated.
Location: Lakewood, Colorado
Phone: (303) 274-7752
Fax: (303) 274-7942
Email: E-mail Me
Areas of Practice
Alternative Dispute Resolution Construction Law Insurance Law Bad Faith Insurance Disputes Litigation & Appeals Motor Vehicle Accidents -- Plaintiff Construction Defects Personal Injury -- Plaintiff Toxic Mold Employment Law -- Employer Employment Law -- Employee Contract Disputes Landowner Liability Litigation Percentage 80% of Practice Devoted to Litigation Bar Admissions Colorado, 1993 U.S. District Court District of Colorado, 1993 U.S. Court of Appeals Federal Circuit, 1998
Education University of Minnesota Law School, Minneapolis, Minnesota Juris Doctor cum laude - May, 1993 Montana State University, Bozeman, Montana Bachelor of Science - March, 1990 Major: Sociology - Criminal Justice Past Employment Positions Frank & Finger, P.C., Attorney, May 24, 1993 - February 28, 2002