Since the adoption of the Fatal Accidents Act of 1846 in the United Kingdom, each of the fifty United States has created by statute a similar right of action which pertains to the survivors or to the estate of the decedent whose death resulted from the wrongful acts of another. During recent years, fourteen states have incorporated within their wrongful death statutes a maximum limitation on the amount of damages recoverable. These restrictions consistently trouble the courts when a wrongful death occurs in one of these limiting states and the suit is brought elsewhere. However, the courts have, with a few exceptions, held steadfastly to the principle that in an action for wrongful death "the law of the place of wrong governs the right of action.. .," and that "the place of wrong is in the state where the last event necessary to make an actor liable takes place."
Marvin D. Silver, Death Damages and Conflicts of Laws, 10 Clev.-Marshall L. Rev. 461 (1961)