Tracy Morgan, months after the accident that put him in critical condition, is still struggling to recover from his injuries.

Tracy Morgan’s Brain Injury

Morgan’s primary causes for concern are the lingering effects of a severe brain injury. While the stand-up comedian and actor is determined to get back to work, his lawyer Benedict Morelli says Morgan has a ways to go to get back to his old self.

“He’s fighting to get better, and if there’s a chance for him to be back to the Tracy Morgan he once was, he’s going to try to do that,” Morelli told People. “But we just don’t know because of the severity of the injuries that he sustained and the fact that he had such a severe brain injury.”

At this point in time, it’s unknown how long, if ever, Morgan’s brain will recover enough for him to resume working as he once did.

“When you have a traumatic brain injury it takes a very long time to find out how you’re going to do and how much you’re going to recover,” Morelli said. “You just don’t know. So that’s where he is. He’s still fighting and trying to live his life at the same time and trying to get better, and he’s just not better. We’re hoping and praying to get him back to where he was. But the jury’s out.”

On Tuesday, Morelli appeared in court in New Jersey for a conference pertaining to Morgan’s lawsuit against Walmart, the company whose truck crashed into Morgan’s limo van on June 7. Morgan, who was not present at the conference, is suing the big box company for punitive and compensatory damages. Walmart plans to fight Morgan’s lawsuit on the basis that he and the men he was traveling with – including the late James McNair– were partially responsible for their injuries because they weren’t wearing seatbelts.

Morgan did not name truck driver Kevin Roper in his lawsuit. Roper, however, has been charged with one count of death by auto and four counts of assault by auto. He has pleaded not guilty.