Can an injury matter if no one can see it?
Reviewed by Andrew (Andy) R. Gillin
California State Bar #45226 ↗ · Approval recorded November 4, 2026
How we record review approvalAn injury does not have to be visible to matter. Care records can help show the harm and its link to the event.
In this guide
Here’s an example
A person has no cuts after a crash. Later, a doctor finds a concussion.
A made-up example to explain the idea. Your facts may lead to a different answer.How the rule works
A civil claim focuses on proven harm. It is not limited to cuts, bruises, or broken bones. Records about symptoms and care can help explain harm that is not visible.
Legal references: [1] Civil Code § 3333 — Compensation for harm · [2] CACI No. 400–401 — Negligence and the standard of care (2026 edition)
What can change the answer?
Symptoms alone do not prove who caused them. Past health and other possible causes may need review.
Questions people ask
Court decisions behind this answer
A case can help explain a rule. Its facts and limits matter too.
Capelouto v. Kaiser Foundation Hospitals
Supreme Court of California · 1972
7 Cal.3d 889, pp. 892–895
Pain may be shown by more than a medical bill. The court allowed lay proof and, in some cases, inferences from the injury.
This does not set a price for pain. You still need proof, and some claims have special limits.
Mitchell v. Gonzales
Supreme Court of California · 1991
54 Cal.3d 1041, pp. 1049–1053
The court favored a substantial-factor instruction for cause in fact over a confusing older instruction.
Proof of a careless act alone is not enough. The claimed harm must still be linked to that act.
Case applicability reviewed as recorded above.
A useful next step
Get medical care as needed. Describe symptoms honestly and keep dated notes on changes.
If you are unsure which rule applies, a lawyer can review your facts and any deadlines. Learn about GJEL’s injury representation.
The law behind this guide
The references below support the legal discussion. Their application depends on the facts.
- Civil Code § 3333 — Compensation for harm ↗Statute · Review recorded above
- CACI No. 400–401 — Negligence and the standard of care (2026 edition) ↗Jury instructions · Review recorded above
- Capelouto v. Kaiser Foundation Hospitals (1972) 7 Cal.3d 889 ↗Case law · Review recorded above
- Mitchell v. Gonzales (1991) 54 Cal.3d 1041 ↗Case law · Review recorded above
Updated 2026-11-04. Read our editorial standards.