In 2009, Hurt became a series regular on the FX series Damages playing a corporate whistleblower opposite Glenn Close and Marcia Gay Harden. For his role in the series, Hurt earned a 2009 Primetime Emmy Award nomination in the "Outstanding Supporting Actor in a Drama Series" category. Hurt's 2009 Sundance film The Yellow Handkerchief was released in theaters on February 26, 2010, by Samuel Goldwyn Films. He was in the Thailand-based 2011 thriller Hellgate alongside Cary Elwes and Paula Taylor, directed by John Penney.
Hurt dated Marlee Matlin for one year, and they cohabited for two years. In her 2009 autobiography I'll Scream Later, Matlin said that their relationship involved considerable drug abuse and physical abuse by Hurt. In response to the accusations aired on CNN on April 13, 2009, Hurt's agent declined to respond, but Hurt issued a statement the following day, which said: "My own recollection is that we both apologized and both did a great deal to heal our lives. Of course, I did and do apologize for any pain I caused. And I know we have both grown. I wish Marlee and her family nothing but good."