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David Baria

David Baria

Cosmich Simmons & Brown PLLC
  • Insurance Claims, Personal Injury, Products Liability ...
  • Mississippi
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Biography

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.

Education
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
University of Southern Mississippi Logo
Professional Experience
Attorney
Cosmich Simmons & Brown PLLC
- Current
Owner
Baria Legal, PLLC
- Current
Senator/Representative
State of Mississippi
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CEO
Rhino Construction, LLC
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Publications
Articles & Publications
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
Speaking Engagements
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
Litigating the Nursing Home Case: Plaintiff’s Perspective, Workshop
Effective Voir Dire, Seminar
Litigating the Nursing Home Case: Plaintiff’s Perspective, Workshop
Bad Faith (Insurance), Seminar
Nursing Home Litigation - It’s All Right There in the Record, Seminar
Nursing Home Litigation, Summer School for Lawyers, Annual Seminar of the Labor & Employment Section
Circumventing Workers Compensation, ATLA National College of Advocacy Jazz Fest Seminar
Nursing Home Practice in Mississippi, National Business Institute Seminar
Employment Law, Mississippi Trial Lawyers Association, Interesting Issues Seminar
Certifications
Mediator
Mississippi State Bar
Awards
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
Best Lawyer
Best Lawyers
Mississippi Top 50 Award
Y'all Politics
Public Education Champion
Mississippi Association of Educators
Stanford Young Lifetime Achievement Award
Mississippi Association for Justice
Friend of Education Award
American Federation of Teachers
Legislative Horizon Award
Coalition for Citizens with Disabilities
Legislative Award
Mississippi Association for Justice
Legislative Champion Award
American Cancer Society
Professional Associations
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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Jurisdictions Admitted to Practice
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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Fees
  • Free Consultation
  • Contingent Fees
Practice Areas
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
Languages
  • English: Spoken, Written
Legal Answers
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 is willing to handle such a case. ... 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.
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Websites & Blogs
Website
Cosmich, Simmons & Brown, PLLC
Website
Contact & Map
Cosmich, Simmons & Brown, PLLC
Bay St. Louis Office
544 Main Street
Bay Saint Louis, MS 39520
Telephone: (228) 242-4986
Monday: 8:30 AM - 5 PM (Today)
Tuesday: 8:30 AM - 5 PM
Wednesday: 8:30 AM - 5 PM
Thursday: 8:30 AM - 5 PM
Friday: 8:30 AM - 5 PM
Saturday: Closed
Sunday: Closed
Notice: David will be happy to meet with you on a weekend when provided with some notice.
Cosmich, Simmons & Brown, PLLC
Jackson Office
100 Vision Dr #200
Jackson, MS 39211
Telephone: (601) 863-2100