David Baria
Cosmich Simmons & Brown PLLC
David Baria has taken on big insurance companies for 32 years. When he is on your side, the odds of getting your claim paid increases dramatically. David has been recognized as a Best Lawyer and Super Lawyer of the Year in Personal Injury Litigation. David handles toxic tort matters and is also an experienced construction and business lawyer.
David has over 30 years of courtroom experience in the state and federal courts in Mississippi and has been recognized by his peers as AV Preeminent, achieving the highest legal ability rating given by Martindale-Hubbell and a 10.0 Superb rating by AVVO. David has been inducted into the American Board of Trial Advocates, Litigation Counsel of America and is a Fellow of the Mississippi Bar Foundation. David was also awarded the Lifetime Achievement award from the Mississippi Association for Justice in 2017.
David is a graduate of USM (B.S. in Criminal Justice) where he also attended a summer program at the University of London, and a graduate of the University of Mississippi Law School where he also attended a summer program at Cambridge University. David is married to Marcie Fyke Baria and they have three children: Merritt, Bess and Max.
- Insurance Claims
- Bad Faith Insurance, Business Insurance, Life Insurance, Motor Vehicle Insurance, Property Insurance
- Personal Injury
- Brain Injury, Car Accidents, Construction Accidents, Motorcycle Accidents, Premises Liability, Truck Accidents, Wrongful Death
- Products Liability
- Drugs & Medical Devices, Motor Vehicle Defects, Toxic Torts
- Construction Law
- Construction Contracts, Construction Defects, Construction Litigation
- Consumer Law
- Class Action
- DUI & DWI
- Free Consultation
- Contingent Fees
- Mississippi
- The Mississippi Bar
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- 5th Circuit
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- U.S. District Court, Southern & Northern Districts of Mississippi
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- English: Spoken, Written
- Attorney
- Cosmich Simmons & Brown PLLC
- - Current
- Owner
- Baria Legal, PLLC
- - Current
- Senator/Representative
- State of Mississippi
- -
- CEO
- Rhino Construction, LLC
- -
- University of Mississippi School of Law
- J.D. (1990) | Law
- Chairman, Moot Court Board; Law Student Division President, ABA
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- University of Southern Mississippi
- B.S. (1987) | Criminal Justice
- Student Body Senate, Phi Kappa Tau Fraternity
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- Super Lawyer, Personal Injury: Plaintiff
- Super Lawyers
- 2013-2024
- AV Preeminent Peer Rating
- Martindale-Hubbell
- 10.0 Superb Rating
- Avvo
- Top 100
- The National Trial Lawyers
- Client Champion Award
- Martindale-Hubbell
- The Mississippi Bar
- Member
- Current
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- Hancock County Bar Association
- Member
- Current
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- American Board of Trial Advocates
- Member
- Current
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- Mississippi Bar Foundation
- Fellow
- Current
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- Mississippi Association for Justice
- Member
- Current
- Activities: Past-President
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- Litigation Counsel of America
- Member
- Current
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- American Inns of Court, Russell C. Blass Chapter
- Member
- Current
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- American Association for Justice
- Member
- Current
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- Southern Trial Lawyers Association
- Member
- Current
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- Hinds County Bar Association
- Member
- Current
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- Magnolia Bar Association
- Member
- Current
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- American Bar Association
- Member
- Current
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- Trial Lawyers for Public Justice
- Member
- Current
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- Mississippi Trial Lawyers Association
- Member
- Current
- Activities: President, 2002-2003; President-elect, 2001-2002; Vice President, 2000-2001; Parliamentarian, 1999-2000; Chairman, Young Lawyers Section, 1998-1999; Board of Governors, 1997-1999
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- Association of Trial Lawyers of America
- Sustaining Member
- Current
- Activities: Nursing Home Litigation Group
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- Nursing Home Litigation: Are These Cases Better/ Worse Than You Think?
- Mississippi Lawyer
- Taking Wrongful Termination Cases Is Not Just Tilting at Windmills Anymore
- Voir Dire Magazine
- What's Happening in Jackson?, Mississippi Municipal Attorneys Association
- Legislative Update, Mississippi Municipal Attorneys Association
- Legislative Update, Mississippi Bar Convention
- Non-Economic Damages Caps, Mississippi Bar Convention
- Discovery, MAJ Mid-Winter Convention
- Mediator
- Mississippi State Bar
What is a litigation attorney?
An explainer of what a trial lawyer actually does.
Camp Lejeune toxic water
Infant Formula cases
NEC, also known as necrotizing enterocolitis, is often caused by baby formula made from cow
Insurance Bad Faith
Insurance Bad Faith cases require an experienced lawyer who can take on the big insurance companies.
- Q. I had an injury to my hand and was told by the first ER I went to that there was no damage and was sent home.
- A: To pursue a claim for medical negligence you must have an expert witness (an M.D. under the facts you have related) who can provide the opinion that the treatment provided by medical staff at the ER during your initial visit deviated from the standard of care applicable to them. Assuming that an M.D. provides that opinion and you file suit, your damages will be limited to whatever was caused by the failure to correctly diagnose your condition in the first ER visit. It sounds like you will be limited to the pain and suffering you endured between the ER visits. Because medical negligence cases are almost always hotly contested and very expensive, you will not likely be able to find a lawyer who ... Read More
- Q. In front of a business there was an open water meter without the lid on it and I tripped in it. Do I have a case?
- A: In Mississippi, to win a premises liability case you must prove that there was a dangerous condition that caused your injury. Additionally, you are required to prove that the landowner (or the occupier if not the owner) either: 1. caused the condition; or 2. knew or should have know of its existence, and failed to take prompt action to remedy the situation by fixing it or providing a warning. Depending on the facts regarding the open meter, such as who removed the lid and how long was it missing, you may have a case.
