The English statute that first provided that the surviving family of a person who suffered a wrongful death may sue the
tortfeasor for
damages. 9 & 10 Vict.
c. 93 (1846). It is to be distinguished from the wrongful death statute, which provides that the personal representative of a person who has suffered a wrongful death may sue for damages, thus contravening the
common law rule that an action for personal injuries did not survive the plaintiff’s death.
Most states have enacted some form of a Lord Campbell Act or wrongful death statute. Prosser & Keeton on Torts §127 (5th ed. 1984).