The comedian, who remains in a wheelchair, "has good days and bad days," his lawyer says

By People Staff
August 28, 2014 03:40 PM
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Tracy Morgan hasn’t lost his trademark smile, but his road to recovery remains a long and arduous process.

“He’s really having a tough time,” his New York lawyer Benedict P. Morelli tells PEOPLE.

Since a six-vehicle crash in June – which left Morgan in critical condition and ended the life of his friend, comedian James "Jimmy Mack" McNair, 62 – the 30 Rock star, 45, has been “struggling,” Morelli adds.

Though Morgan has been spotted using a walker, he relies on a wheelchair and it may be months before he can fully walk again.

Having suffered traumatic brain injuries, a broken leg and several fractures to his face, Morgan continues to undergo at-home therapy following his release from a rehabilitation facility in mid-July.

“He’s making incremental progress,” says Morelli. “But they’ll have to wait another month before they assess him cognitively.”

Reporting by MICHELLE TAN

For more on how Morgan is coping, pick up the latest issue of PEOPLE, on newsstands now

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PREVIOUSLY: Tracy Morgan Upgraded From Critical Condition