Hogan Injury > Blog > Ask a lawyer > Duration of a Personal Injury Case

Duration of a Personal Injury Case

QUESTION:

If a lawsuit for personal injury has been filed, how long does it stay active?

ANSWER:

In personal injury cases, the two-year statute of limitations tolls after the filing of the suit. However, there is a three-year limit for discretionary dismissal for delay [CCP § 583.420(2)] and, with a few exceptions, a five-year limit for the case to be pursued before its mandatory dismissal for failure to prosecute (CCP § 583.310). The five-year mandatory dismissal period is extended in cases submitted to or remaining in judicial arbitration during the last six months of the five-year period: The time beginning six months before the end of the five-year period and ending on the filing of a request for trial de novo following arbitration is excluded in computing the five-year period [CCP § 1141.17(a),(b)].

A lawyer who is an expert in personal injury cases will properly guide and represent his/her client in pursuing a personal injury case, so it is best to work with one.

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