Is there any case law where a plaintiff's delay in seeking damages from appellants in a personal injury action is justified?

While appellants' apparent delay in the early stage of the proceedings and their ill-advised opting for arbitration only five days before the end of the calendar five-year period, like the plaintiff's 11-month delay in Nail, are "not commendable, [they are] at least excusable. When all of the circumstances are weighed and considered, counsel's neglect was not of the magnitude to require a forfeiture of his clients' rights." (Nail v. Osterholm, supra, 13 Cal.App.3d at p. 688, 91 Cal.Rptr. 908.) A conclusion that appellants exercised sufficient due diligence is warranted.