Yes. An attorney's failure to file the proper papers initiating a lawsuit in court before the statute of limitations runs out may constitute actionable malpractice. It depends, of course, on the situation. But to recover, you should be prepared to prove that you likely would have won your case but for the malpractice. Depending on the complexity of your case, this could be a very difficult thing to prove. Consult with an experienced legal malpractice attorney right away to determine the relative strength of your case given your particular circumstances.