Jewell, Childress, Breakstone, Smith & Olswing, PLLCJewell, Childress, Breakstone, Smith & Olswing, PLLC2026-09-24T18:12:51Zhttps://www.memphislawattorney.com/feed/atom/WordPress/wp-content/uploads/sites/1502824/2022/05/cropped-Favicon-1-32x32.pngOn Behalf of Jewell, Childress, Breakstone, Smith & Olswing, PLLC<![CDATA[What happens if your car is declared a “total loss” after a wreck?]]>https://www.memphislawattorney.com/?p=476322026-09-23T15:16:10Z2026-09-23T15:16:10ZAfter a wreck, your first concern has to be your health – but that doesn’t mean you can’t also be worried about what’s going to happen with your vehicle.
Your car doesn’t have to be an obvious pile of scrap for an insurance company to “total it out” or declare it a total loss. Even though a car can still run or seems repairable, an insurer may decide that the cost of repairing it is more than the vehicle’s total worth.That can create a whole new set of problems for you. It’s difficult to go without reliable transportation for long and you may still owe money on the car that has to be paid. You have no idea whether the insurer's offer regarding the vehicle is fair. Understanding how the total loss process works can help you protect yourself from accepting less than your vehicle was worth.
How does the insurance company value your vehicle?
A total loss settlement is generally based on the vehicle’s actual cash value immediately before the wreck. The insurer generally looks at the car’s make, model, year, mileage, upgrades, accident history and overall condition and resale value.Actual cash value is not necessarily what you originally paid or what it would cost to buy a brand-new vehicle. However, the insurer should consider what a comparable used vehicle was worth before the collision. In Tennessee, applicable sales tax should also be included in a total loss settlement.You do not have to assume the insurance company’s first calculation is correct. Ask for a copy of the valuation report and review the vehicles used as comparisons. You may be able to support a higher value with maintenance records, photographs, receipts for recent improvements and listings for comparable vehicles in your area.
What if you still owe money on the vehicle?
The insurer ordinarily pays the lender first because the lender has a financial interest in the vehicle. If the settlement exceeds the loan balance, you receive the remainder.If you owe more than the vehicle is worth, however, you may remain responsible for the difference.Guaranteed asset protection, commonly called GAP coverage, may cover some or all of that shortfall if you purchased it.Remember that your property damage claim and any claim for physical injuries are separate, but make sure you understand exactly what you are agreeing to before you sign anything. An experienced attorney can help you navigate the entire process.]]>On Behalf of Jewell, Childress, Breakstone, Smith & Olswing, PLLC<![CDATA[Symptoms after a traumatic brain injury]]>https://www.memphislawattorney.com/?p=476312026-09-14T11:37:00Z2026-09-14T11:37:00ZIf you suffer a traumatic brain injury, the exact symptoms that you see may be unique to your situation. Two head injuries may look very similar from the outside, but there can be a significant difference in severity or the part of the brain that was injured. This can dramatically change the symptoms.
That being said, there are some common symptoms that tend to be seen by TBI survivors. It is important to know what to look for and how these can impact your life.
Short-term symptoms
In many cases, there are short-term symptoms, like a loss of consciousness, loss of vision, slurred speech, enlargement of the pupils or a numb or tingling feeling in the arms and legs. These can all signify that the brain has been injured, even if the symptoms fade relatively quickly.
Long-term symptoms
At the same time, people sometimes have symptoms that last much longer. They could struggle with vision issues, speech issues, the onset of convulsions and seizures, excessive fatigue or a lack of coordination. Many people become agitated, restless, confused or irritable, so the TBI can change their personality and the way they interact with others.
Symptoms that get worse
One key thing to look for is if you have any symptoms that will not go away or that are actually getting worse. For instance, some TBI survivors have a minor headache right after the accident, but if there is bleeding within the brain, this headache can get much more severe. It may indicate that emergency medical treatment is necessary.If you have suffered such a severe injury due to someone else’s negligence, you may be facing high medical bills, lost wages and other damages. You need to know how to seek financial compensation.
]]>On Behalf of Jewell, Childress, Breakstone, Smith & Olswing, PLLC<![CDATA[What happens when a family business has no succession clause?]]>https://www.memphislawattorney.com/?p=476302026-09-04T13:38:32Z2026-09-04T13:38:32ZWhat is a succession clause?
A succession clause is a legal provision in a business agreement. It outlines what happens to ownership and control when an owner retires, passes away or becomes unable to work. These can disrupt a family business almost overnight. When no succession clause exists, no one holds the immediate legal authority to take over the business.
Why do families skip this step?
Many family business owners know they should plan ahead but still delay. Some assume ownership will naturally pass to a family member when the time comes. However, that is not the case under Tennessee law.
Others find the topic too uncomfortable to bring up, especially when it involves discussing death or incapacity. As a result, the business can go without clear leadership during a critical transition.
What options are available without a succession plan?
Without a succession clause, your family loses control over what happens next. Depending on your business structure, the consequences vary. General partnerships risk dissolution when an owner passes away or becomes incapacitated. LLCs and corporations may continue operating. However, without a succession plan, they can still face operational deadlocks or court-ordered buyouts.
The deceased owner's share of the business also goes through probate. This is a court-supervised process where the state oversees how the deceased owner's assets are distributed. During that time, family members may face uncertainty over who has authority to make business decisions.
What are the hidden costs of having no succession plan?
The costs extend well beyond the legal process. Creditors can file claims against the estate during probate, putting business assets directly at risk. Key employees and loyal clients may leave when they sense uncertainty about the business's future.
Family members may also strongly disagree on who takes over, leading to costly disputes in Tennessee courts. On top of the financial strain, prolonged conflict can damage family relationships.
Taking steps to protect your business’s future
A succession clause is one of the most important provisions your business agreement can have. It protects ownership, limits conflict and keeps the business running through difficult transitions. Planning ahead gives your family the clarity and stability they need when it matters most. The best time to put a plan in place is before a crisis makes the decision for you.]]>On Behalf of Jewell, Childress, Breakstone, Smith & Olswing, PLLC<![CDATA[Understanding child endangerment in Tennessee]]>https://www.memphislawattorney.com/?p=476292026-08-24T16:11:22Z2026-08-24T16:11:22ZChild endangerment can become a significant issue in a Tennessee custody dispute when a parent's conduct raises concerns about a child's safety. Allegations involving abuse, neglect or exposure to serious danger may have consequences for both the parent and the child's living arrangements.
Tennessee child endangerment law addresses conduct that exposes children to injury or imminent danger. Understanding what may constitute endangerment can help you recognize why these allegations may also become relevant in child custody proceedings.
What qualifies as child endangerment
Under Tennessee law, a parent or legal custodian of a child age eight or younger may commit child endangerment by knowingly exposing the child to abuse or neglect that results in physical injury or imminent danger.The law also covers knowingly failing to protect the child from those circumstances. Imminent danger means a condition or practice that could reasonably be expected to cause death or serious bodily injury.
Negligent conduct can place a child in danger
Child endangerment can also involve negligent conduct. Tennessee law addresses acts or omissions that place a child in imminent danger of death, bodily injury or physical or mental impairment.This means allegations may focus not only on something a parent did, but also on precautions the parent failed to take. The circumstances surrounding the risk can therefore become important when determining whether conduct amounted to endangerment.
Controlled substance exposure can create concerns
Tennessee law specifically addresses certain controlled substance exposure. Conduct involving methamphetamine or other specified controlled substances can constitute endangerment when a child is exposed and testing detects the substance in the child’s body.Such evidence may raise substantial concerns about whether a child's home or caregiving environment is safe.
Child endangerment may affect custody
Custody proceedings involve consideration of a child's safety and welfare. Evidence that a parent exposed a child to dangerous circumstances or knowingly failed to protect the child may therefore become relevant when parenting arrangements are determined.The specific facts may affect how allegations influence custody. Courts may need to consider what occurred, the seriousness of the danger and whether continuing safety concerns exist.Child endangerment allegations can create serious issues involving family law in Tennessee. If allegations could affect your custody or parental relationship, seek legal guidance to understand the proceedings, evidence and options available to you.]]>On Behalf of Jewell, Childress, Breakstone, Smith & Olswing, PLLC<![CDATA[Who pays after a crash with a delivery app driver?]]>https://www.memphislawattorney.com/?p=476282026-08-19T12:09:27Z2026-08-19T12:09:27ZDoes the driver’s delivery status matter?
Insurance coverage may vary depending on whether the driver was using the app for work at the time of the crash:
Offline: The driver’s personal auto insurance is generally the primary source of coverage.
Logged into the app: The delivery company’s insurance might give limited coverage in some cases if the personal policy does not apply.
Picking up or delivering an order: The company’s commercial insurance policy might give additional coverage if its requirements are met.
The Tennessee Department of Commerce and Insurance notes that personal auto insurance policies might not cover commercial delivery activities. As a result, determining which policy applies is often an important part of the claim process.
Why can these claims take longer?
Unlike many other car accident claims, a delivery app vehicle crash might involve more than one insurance company. A personal policy might exclude commercial or delivery-related driving, while the delivery company’s coverage may apply only during certain stages of a delivery. Evidence such as the driver’s app activity and delivery status can help determine which policy applies. Taking a few practical steps after the crash can also help protect important information.
What should you do after the crash?
After any car accident, personal safety should come first. Once everyone is safe, taking a few practical steps can help avoid confusion later. These steps are especially important if the other driver was using a delivery app because more than one insurance policy could become involved.
Call law enforcement and report the collision.
Seek medical care as soon as possible, even if the injuries seem minor at first.
Take photos of the vehicles, roadway and vehicle damage if possible.
Exchange contact and insurance information with the driver.
Note whether the driver mentions making a delivery at the time of the crash.
Contact your own insurance provider as soon as possible, regardless of who was at fault.
These steps can make a real difference in sorting out which insurance company is actually responsible for the claim.]]>On Behalf of Jewell, Childress, Breakstone, Smith & Olswing, PLLC<![CDATA[Here’s how an insurer can use your recorded statement]]>https://www.memphislawattorney.com/?p=476262026-08-12T16:17:56Z2026-08-12T16:17:56ZAfter you’re involved in a wreck caused by another driver, you may initially welcome contact from their insurer – but you shouldn’t. The claims adjuster’s apparent concern for your well-being and friendly demeanor can be masking the insurer’s true intentions.
Recorded statements do help insurers evaluate claims, to be sure, but they are also used to help question the seriousness of someone’s injuries or who may really be at fault. Before agreeing to be recorded, an accident victim should understand why the questions are being asked (and how the answers may be used).
What can you expect an adjuster to ask after a car accident?
Some questions will be designed to gather basic information, while others are designed to dig into the facts of a case and look for opportunities to challenge your claim. Common questions include:
The road, traffic and weather conditions at the time of the crash
Any conversations you had with the other driver after the wreck
When your pain or other injury symptoms began and where injuries are located
What medical treatment you have received and your prognosis
Whether prior accidents and pre-existing health conditions you may have
What damage there is to your vehicle and whether you have missed work
The adjuster’s ultimate goal is to settle your claim for the lowest dollar amount possible, so everything you say will be scrutinized for inconsistencies and opportunities they can use to the company’s advantage.For example, even polite statements you don’t think anything about can sometimes be used as “proof” that your injuries are not terribly severe. When the adjuster asks how you are doing, you might reply, “I’m fine. How are you?” purely out of social habit. The adjuster, however, can use this early statement to argue that the accident was unrelated to the pain that keeps getting worse in your back or neck or the headaches that won’t stop. Similarly, the estimates you might be pushed into giving about your speed, the other driver’s speed, distance, timing and other roadway conditions can all create similar problems. You could be branded as unreliable or prone to exaggeration. Your statements could also be used to try to shift part of the liability your way. Under Tennessee’s modified comparative fault law, that could be fatal to your claim. Any compensation you might be due will ultimately be reduced according to the percentage of fault assigned to you, up to 49%. If you are 50% or more at fault, you’re legally barred from recovering any of your losses since you would be considered as much or more at fault for the wreck than the other driver.
Do you have to give a recorded statement upon demand?
Typically, you have a contractual obligation to answer questions posed by your own insurer, but the same does not hold true when it comes to the other driver’s insurance. You can politely decline to be recorded or even answer their questions at all. In either situation, you can also ask to delay making the recorded statement until you have had more time to recover (and the opportunity to speak to a car accident attorney). That’s usually the wisest move.
]]>On Behalf of Jewell, Childress, Breakstone, Smith & Olswing, PLLC<![CDATA[Who inherits if someone dies without a will?]]>https://www.memphislawattorney.com/?p=476152026-08-11T17:59:11Z2026-07-16T09:07:22ZFamily members typically inherit
The frequency with which people die without wills is high enough that state law has long addressed the distribution of property in the absence of written guidance. The familial status of the deceased party influences who inherits.
If they have a spouse, their spouse typically inherits a significant portion of their estate, if not all of their estate. If the deceased party had children, the children have a right of inheritance that influences how much the surviving parent inherits. Surviving children can also inherit the entirety of the estate in cases where a person has offspring but no spouse.
If the person who died has neither children nor a spouse, then their parents, siblings or other family members may inherit their property. In some cases, personal representatives may need to search for prospective errors when there are no immediate family members to claim the right of inheritance.
Working with a probate and estate administration attorney can help concerned family members understand their rights when someone dies. An estate plan can designate people as beneficiaries, but without documents, only those legally acknowledged as heirs can inherit.]]>On Behalf of Jewell, Childress, Breakstone, Smith & Olswing, PLLC<![CDATA[What should co-parents address in a parenting plan?]]>https://www.memphislawattorney.com/?p=476142026-08-11T17:59:57Z2026-07-10T15:34:17Zparenting plan, including a parenting time schedule, rules for exchange days and how disagreements will be handled. A plan should be as detailed as possible to prevent disagreements in the future.
Special considerations for parenting plans
Holidays and school break schedules are one of the more common “special considerations” addressed in parenting plans. Those parenting time schedules are often much different than a standard schedule. Parents should think about summer vacation, spring break, winter break, birthdays, Mother’s Day, Father’s Day, and all major holidays that either parent observes.
Another consideration is who will make decisions for children under specific circumstances. Most parenting plans address general, medical, educational, and spiritual decision-making powers. Some parents will share those duties; however, it’s also possible that one parent will hold the entirety of the duties for a specific area of concern.
Rules for communication are also critical. This can include stipulations about the method of communication, which may include verbal, written or through a parenting app. It should also set the terms for how long parents have to respond and what information must be shared with the other parent.
Parents who are divorcing must craft parenting plans based on what their children need, so what works for one family won’t necessarily work for another. It may be beneficial to work with a legal professional who understands your circumstances and can assist with getting your unique plan set up as efficiently as possible accordingly.]]>On Behalf of Jewell, Childress, Breakstone, Smith & Olswing, PLLC<![CDATA[What are the unexpected costs of a Memphis divorce? ]]>https://www.memphislawattorney.com/?p=476132026-06-29T11:48:36Z2026-06-29T11:48:36ZWhen people budget for a divorce in Memphis, court filing fees and attorney bills dominate their thoughts. However, dissolving a marriage requires splitting a single household into two separate financial realities.
The cost of living seems manageable, but the sudden duplication of everyday expenses often catches people off guard. To protect your financial future, you must look past the immediate courtroom bills and prepare for the ongoing operational expenses of starting over.
1. Separate housing and utility deposits
Moving out of a shared home means paying a new security deposit, first month's rent or a down payment. You will also pay separate Memphis Light, Gas and Water startup fees to establish your own utilities.
2. Childcare adjustments
A single parent can no longer split daily drop-offs or after-school care easily. You will face increased costs for extended daycare hours, summer camps or specialized transportation to balance work and your new parenting schedule.
3. Healthcare coverage
If you lose coverage under your spouse’s employer-sponsored health plan, you must buy independent insurance. Tennessee courts do not automatically extend coverage, and buying private medical insurance quickly drains your monthly cash reserves.
4. Independent credit building
Establishing credit entirely in your own name requires quick action. You will face higher interest rates or require larger deposits on auto loans and credit cards if you lack an individual credit history.
5. Setting up a household
Furnishing a new apartment from scratch adds up quickly. Buying essential appliances, electronics, kitchenware and furniture drains cash reserves during an already tight financial transition.
Securing your financial future
Tennessee family law requires strategic foresight that extends far beyond standard paperwork. A professional handles statutory property division factors, calculates precise income shares for child support and stops you from agreeing to an unfair settlement. Investing in proper counsel secures your long-term stability and prevents devastating post-divorce surprises.
]]>On Behalf of Jewell, Childress, Breakstone, Smith & Olswing, PLLC<![CDATA[Can your spouse force you out during a divorce?]]>https://www.memphislawattorney.com/?p=476122026-06-21T11:50:56Z2026-06-21T11:50:56ZAs a general rule, if you and your spouse own a home together, they cannot throw you out of the house during a divorce. They cannot force you to find another place to live.
This is something that you often see in movies and television shows, where one partner returns home to find all of their belongings on the lawn and their spouse tells them they have to move out immediately. It is understandable that spouses may want to live separately during a divorce, as continuing to live together can be stressful.But from a legal perspective, if both people have a right to be on the property, neither one can force the other to leave. One spouse could certainly choose to leave of their own volition, if they thought it would make the divorce easier, but they cannot simply kick their partner out.
Getting a court order
There are some exceptions to this rule. In certain situations, one spouse may be able to get a court order mandating that the other has to leave the home.But this is often only done if there is significant evidence of physical or emotional harm. For instance, if one person can demonstrate that there was domestic violence in the relationship, they may be able to get a protection order requiring their spouse to find somewhere else to live.But these cases are relatively rare. In the average divorce case, both spouses have a right to remain in the house.
Navigating the divorce process
This does help demonstrate one of the complexities you may face when getting a divorce. When you run into disputes, be sure you know what legal options you have.
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