A court hearing Tuesday in New Jersey brought with it an update, however vague, about the recovery of Tracy Morgan from a fatal crash this June on the New Jersey Turnpike.

Benedict Morelli, Morgan’s lawyer, told reporters outside the courthouse in Trenton that Morgan had suffered a traumatic brain injury in addition to broken bones in his leg, nose and ribs.

“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, according to The Hollywood Reporter. “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.”

“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.”

Morgan has been spotted this fall on his way to rehabilitation treatments, both in a wheelchair and using a walker.

Morgan, comedian Ardie Fuqua and Morgan’s assistant, Jeffrey Millea filed suit against Walmart driver Kevin Roper in July. Roper plowed his truck into the limo SUV carrying the comedians and their entourage, critically injuring Morgan, Fuqua and Millea, and killing comedian James “Jimmy Mack” MacNair. Roper also faces criminal charges of death by auto and assault by auto in separate court proceedings.