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Does Moving Away From Fontana Affect the CCP 335.1 Deadline for Your Personal Injury Claim?

Moving away from Fontana generally does not change the deadline for filing a personal injury lawsuit under California Code of Civil Procedure Section 335.1, but understanding the statute of limitations and any exceptions is essential to protecting your right to seek compensation.

By Ann Mazotta, California Business Journal

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Moving away from Fontana generally does not change the deadline for filing a personal injury lawsuit in California. Under California Code of Civil Procedure § 335.1, most personal injury claims must be filed within two years of the injury. Relocating to another city or state does not automatically pause this deadline or give you additional time to pursue compensation. Understanding the filing requirements before moving can help you protect your legal rights and avoid losing the opportunity to seek damages.

Fontana is a city in San Bernardino County, Southern California, located in the Inland Empire region. Its residential neighborhoods, commercial districts, and busy roadways connect residents to nearby communities and major transportation routes. 

If you suffered an injury in Fontana and are planning to relocate, consulting a Fontana personal injury lawyer can help you understand how the filing deadline applies to your circumstances and what steps you should take before moving.

Understanding California's Two-Year Filing Deadline

California Code of Civil Procedure § 335.1 establishes a two-year statute of limitations for lawsuits involving personal injury caused by another person's wrongful act or negligence. This period generally begins when the injury occurs, although certain circumstances may affect when the clock starts.

For example, if you were injured in a car accident in Fontana on October 15, 2025, the ordinary deadline to file a personal injury lawsuit would generally fall on October 15, 2027. The exact deadline may vary depending on the facts and applicable legal rules.

The statute of limitations concerns filing a lawsuit, not simply notifying an insurance company or negotiating a settlement. Even if settlement discussions continue, you should not assume that the filing deadline has been extended. If an agreement has not been reached, you may need to take legal action before the applicable deadline expires.

Does Relocating to Another State Pause the Deadline?

Moving from Fontana to another California city or to a different state generally does not suspend the statute of limitations on your existing personal injury claim. The location where you live after an accident does not automatically determine which deadline applies.

For instance, if you move from Fontana to Nevada after a California car accident, you may still need to pursue your claim under the applicable California rules. You can often communicate with your attorney remotely, exchange documents electronically, and attend certain proceedings without living near the location of the accident. However, specific court appearances or other legal requirements may still apply.

It is important to distinguish between the injured person's move and the defendant's absence from California. California Code of Civil Procedure § 351 addresses certain circumstances involving a defendant who is outside the state. Its application depends on the legal and factual circumstances, and it does not mean that an injured person automatically receives extra time simply by moving away.

Are There Exceptions to the Two-Year Rule?

Although the two-year deadline applies to many personal injury cases, exceptions may apply in specific situations. For example, the discovery rule may affect when the limitations period begins if an injury or its cause was not reasonably discoverable immediately. The rule is fact-specific and does not automatically extend every claim involving a later diagnosis.

Claims involving minors or certain legal disabilities may also be subject to special tolling rules. However, these rules have limitations, and different requirements may apply when a claim involves a government entity.

If your injury involved a public agency, you may need to submit an administrative claim within a much shorter period before filing a lawsuit. Missing that initial deadline can create serious obstacles even when the ordinary two-year period has not expired.

Because these exceptions depend on the circumstances, avoid calculating your deadline based solely on general information or the date you moved.

What Should You Do Before Moving Away From Fontana?

Taking a few practical steps before relocating can help prevent unnecessary complications.

  • Organize your records: Keep medical reports, accident photographs, insurance correspondence, repair estimates, and receipts in a secure location.

  • Track important dates: Record the accident date, treatment milestones, insurance deadlines, and any court-related dates.

  • Notify relevant parties: Provide your attorney and insurance company with updated contact information so you do not miss important communications.

  • Preserve evidence: Keep copies of witness details, accident reports, and other records that may support your claim.

  • Seek legal guidance early: Discuss your planned move with an attorney who can explain the applicable deadline and any necessary filing steps.

Key Takeaways

  • Moving away from Fontana generally does not extend California's two-year personal injury filing deadline.

  • California Code of Civil Procedure § 335.1 applies to many personal injury and wrongful death lawsuits.

  • Settlement negotiations do not automatically pause the statute of limitations.

  • Certain exceptions may apply, including specific rules involving minors, delayed discovery, or government claims.

  • California's rules concerning a defendant's absence from the state are distinct from an injured person's relocation.

  • Confirm your deadline with a qualified attorney before moving or delaying legal action.

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