I believe it is a persons right to smoke. I also believe it is my right not to have my tax moneys support their illnesses. I belive it is the ordinary citizens right to seek compensation from smokers, that smokers should be liable for the illnesses and physical damage they cause (respiratory issues, etc.) There are other causes of respiratory illness/irritations that need the same treatment, but tobacco, fossil fuel engines and similar products are rather troublesome.
Personal rights and freedoms as always have the restriction of stopping when they cause harm to other people.