According to an attorney for Tracy Morgan, the comedian is "having a tough time" nearly three months after suffering multiple injuries in a fatal car accident.

The 45-year-old is still recovering from a broken leg, nose and several ribs which he sustained when his limo bus was struck by a Walmart truck on the New Jersey Turnpike. Fellow performer and friend of the actor, James McNair, was killed in the crash.

"He's making incremental progress," Benedict P. Morelli says of his client. "But they'll have to wait another month before they assess him cognitively."

Tracy Morgan Sues Walmart Over Fatal Crash That Left Him Critically Injured

After the actor's release from a rehabilitation facility in mid-July, he continued to undergo at-home therapy, but still relies heavily on a wheelchair, Morelli tells the Star-Ledger.

Since the Jun. 7 accident, the driver of the Walmart truck, Kevin Roper, has pleaded not guilty to vehicular homicide and four counts of assault by auto. Tracy has also filed a lawsuit against Walmart, accusing the retailer of negligence. McNair's adult children also plan to sue the company and Roper.

The Star-Ledger is a Newark, N.J. based newspaper.