The right of action for wrongful death was not seriously considered by the common law courts until 1846. It has not been given protection by most of our state constitutions despite the fact that the Federal Constitution has guaranteed life, liberty, and the pursuit of happiness. However, most states have enacted "Wrongful Death" statutes to allow protection to their inhabitants. In order for the next of kin to damages in a Wrongful Death action, there must be shown a relationship to the deceased. The fact must be established that there was an interest akin to insurable interest in the deceased, which has been lost. Therefore in order to recover damages in a death action, under most statutes, proof of dependency is not necessary.

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