Legal Question in Personal Injury in Florida

You have 120 days to serve him. If not, you will have to get an order extending that period of time. You are better of discussing settlement than wasting more time with litigation that is not yet started. Discussing settlement at any time is always a good idea.

You should proceed with discussions while the "sword" of service of a complaint hangs over the head of the defendant. You should also take this opportunity to tell the attorney whom contacted you that you cannot begin such discussions until the defendant stipulates that service is being voluntarily accepted. If this is agreeable to defendant's counsel you can then agree to extend the time for the answer to the Complaint to stand suspended until 10 days prior written notice by you. This too puts the pressure on since you can turn away from settlement whenever you deem it prudent (and then proceed ahead with the litigation).

Good luck. Byron Petersen