You were injured in an Oregon accident. You are concerned that the person at fault might never be found. You are aware that the Oregon “statute of limitations” generally requires that a lawsuit be filed within 2 years of injury. Are you out of luck if you are unable to locate and serve the defendant within 2 years?

On May 13, 2015 the Oregon Court of Appeals answered no. In Knappenberger v. Davis –Stanton 271 Or App 17 (2015) the Oregon Court of Appeals clarified that ORS 12.150 tolls (freezes) the statute of limitation during the period of time during which a prospective defendant cannot be served in Oregon or is otherwise concealing his/her whereabouts.

The Knappenberger Court rejected defendant’s argument that ORS 12.150 unconstitutionally restricts interstate travel in violation of the commerce clause. Although Knappenberger gives claimants more time to serve a defendant, if it has been a while since your injury or accident, don’t take a chance. Contact a qualified lawyer to help as soon as possible.