Can I Sue Walmart for Emotional Distress?

Wednesday, March 19, 2025

Can I Sue Walmart for Emotional Distress?

Written by Malman Law, reviewed by Steve J. Malman.

If you’ve suffered emotional distress due to Walmart’s reckless actions—such as wrongful termination, workplace mistreatment, or a humiliating public incident—you may be wondering: Can I sue Walmart for emotional distress? The answer depends on proving that Walmart’s behavior was extreme, intentional, or negligent enough to cause significant psychological harm. Such claims are generally referred to under a legal concept known as intentional infliction of emotional distress (IIED). This involves proving that the conduct exceeded reasonable decency and caused severe harm that no reasonable person could endure.

If you’re in Illinois and considering suing Walmart for emotional distress, this guide will explain the potential steps to take and how Malman Law can assist you in pursuing your claim.

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Suing Walmart for Emotional Distress in Illinois

Yes, suing Walmart for emotional distress is possible in Illinois, but winning a claim requires meeting strict legal standards and providing strong evidence. Understanding what qualifies as emotional distress and how to prove it can make a difference in your case. The courts define emotional distress as mental suffering caused by outrageous and reckless conduct. It can sometimes show through anxiety or depression or through illness, making it impossible to do the basics of daily living. They may be classified into intentional and negligent acts. For instance:

Intentional Infliction of Emotional Distress (IIED) occurs when one willfully commits an act intended to cause severe psychological suffering. Examples include threats or behaviors specifically aimed at terrorizing someone into grief. 

Negligent Infliction of Emotional Distress (NIED) occurs when actions hurt someone emotionally purely because of negligence or recklessness on the part of the other character.

Illinois courts take such claims seriously, but they require substantial evidence to prove a claim of IIED against large corporations like Walmart. Supporting examples, such as in Leavitt v. Walmart Stores, Inc., reveal how Walmart’s treatment wasn’t deemed sufficiently extreme or unreasonable since a judge found their conduct, while frustrating, didn’t meet the “beyond decency” standard.

What Are the Steps to Sue Walmart for Emotional Distress?

Successfully suing Walmart for emotional distress requires a well-documented case and legal expertise. Here’s how you can build a strong claim:

• Document Emotional Distress: Keep a journal of incidents causing emotional distress, noting dates, times, and effects on your well-being. Collect evidence like medical records for anxiety or depression and work-related challenges. Save relevant communications with Walmart, such as emails, memos, or witness statements.
• Consult with a Lawyer: An experienced workers’ compensation attorney can assess the validity of your claim and guide you through the legal process. As showcased above, Illinois legal cases in this realm have specific thresholds and require an understanding of precedents like Leavitt or statutory interpretations.
• File a Claim: Formalize your lawsuit by filing a claim under intentional infliction of emotional distress. Attorneys will handle tasks like filing documentation and ensuring procedural accuracy to improve your chances in court.
• Prepare for Trial: Court proceedings demand careful preparation. Strengthen your case by compiling corroborative evidence, listing witnesses who can testify to the situation, and preparing expert psychological opinions, if applicable.
• Attend Trial: With your attorney leading the arguments, you must show that Walmart’s actions meet Illinois’ strict legal standards. This means proving their conduct was intentional, reckless, extreme, and caused severe harm.

The better prepared your legal team is, the higher your likelihood of compensation.

Malman Law’s founder Attorney Steven Malman has over 30 years of experience handling personal injury, nursing home, medical malpractice, premises liability, construction and workers’ compensation cases.

STEVE J. MALMAN

Founding Attorney

What You’ll Need to Prove

Proving an emotional distress claim against a corporate entity like Walmart requires meeting specific legal standards in Illinois:

Walmart’s Actions Were Reckless or Intentional 

You must demonstrate that Walmart either knowingly caused harm or acted recklessly in a way that made emotional suffering unavoidable. This extends beyond accidents or negligence.

Actions Were Extreme and Outrageous 

The conduct must exceed what any reasonable person would tolerate. The behavior must be atrocious and beyond all possible bounds of decency.

Walmart’s Behavior Caused Emotional Suffering 

Your distress must directly result from Walmart’s actions. Physical symptoms such as insomnia or panic attacks serve as supporting evidence.

The Emotional Distress is Severe 

Severity is judged based on its impact. Emotional distress needs to reach a level where it disrupts daily life or health drastically (e.g., chronic anxiety requiring hospitalization).

Please read: Workers’ Compensation Statute of Limitations

Call Malman Law for Your Walmart Workers Comp Claim

You shouldn’t have to suffer in silence. If you believe Walmart’s actions caused severe emotional distress, you have legal options. At Malman Law, we specialize in holding large corporations accountable. Our experienced attorneys will guide you through the process of suing Walmart for emotional distress, ensuring you get the justice and compensation you deserve. Contact us today for a free consultation.