Having estimated the reasonable and probable damages the plaintiff might recover, the adjuster must next evaluate liability, that is, the probability that a trier of fact, judge or jury, will conclude that the person insured was responsible, in whole or in part, for the injuries and damages incurred by the plaintiff. In clear liability cases, the adjuster must evaluate 100% of the value of the claimed injuries since it is highly probable that the plaintiff will prevail on liability.
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