"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," his lawyer, Benedict Morelli, tells the Associated Press
. "You just don't know. 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."