Since lung cancer is often fatal, spouses, children, family members and even the estate of a deceased smoker may enter a class action or private lawsuit depending on the facts of the death. Consulting an lung cancer attorney can help in determining if this is an option.

In many of the class action suits the settlements have been for punitive damages only, not for actual medical costs, legal fees or pain and suffering. Punitive damages are meant to punish the tobacco companies rather than to attempt to fully compensate the smokers.

In many states such as California, the legal actions of the state against the tobacco companies has lead to a decrease in the marketing of cigarettes, especially to younger people and children, as well as increased the amount that tobacco companies are required to pay to support treatment of lung cancer patients.