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Tracy Morgan is still fighting to recover the injuries he suffered during a fatal car accident in June, including a severe brain injury, his lawyer Benedict Morelli said Tuesday.

“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 said Tuesday, according to the Associated Press. “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.”

Lawyers from Morgan and Walmart were in New Jersey on Tuesday for a scheduling conference for Morgan’s lawsuit against the corporate giant.

The comedian was left with injuries including a broken nose, broken leg and broken ribs in the six-car accident on the New Jersey Turnpike when a Walmart truck driven by Kevin Roper slammed into the back of his limo. His friend and fellow comedian Jimmy Mack McNair was killed in the crash. Three others in Morgan’s limo were also injured.

Without going into specific details, Morelli said Morgan is still struggling to recover.

“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.”

Since the accident, Morgan has canceled comedy tour dates and put his FX series, which was supposed to start shooting in August, on hold.

Morgan was released from rehabilitation on July 12. Morgan and fellow crash survivors Jeffrey Millea, wife Krista and Ardie Fuqua have filed a suit against Walmart where they alleged that the company allowed Roper to drive after being “awake for more than 24 consecutive hours.” According to the suit, this caused Roper to fall asleep at the wheel and strike the vehicle.

Roper has pleaded not guilty to charges of death by auto and assault by auto.